Cosmetic Claims

In Australia, more than 500,000 cosmetic procedures are performed annually, yet it remains to be a concerningly unregulated medical industry, which is causing harm to patients. If you have suffered injury as a result of a medical practitioner who has failed to meet the standard of care, you likely have grounds for a claim in medical negligence.

Stern Law is led by Principal Solicitor, Terry Stern, one of the most experienced medical negligence lawyers in NSW with over 35 years’ experience in the field and an Accredited Specialist in Personal injury Law.

Our Commitment: Stern Law is dedicated to a team approach, drawing on a variety of skills and backgrounds in medical negligence law to get our clients the best results.

Cosmetic surgery has experienced a surge in popularity over the past two decades. However, as illustrated on the covers of magazines from the 2000s, the outcomes sometimes deviate from expectations and desires. The proliferation of social media has only fueled the growth of cosmetic surgery, attracting both experienced professionals and a rising number of inexperienced and unqualified practitioners. A notable issue in this industry is that any doctor with a medical degree (MBBS) in Australia can label themselves a ‘cosmetic surgeon,’ often with significantly less experience than the specialised training required for plastic surgeons.

Despite the association of cosmetic surgery with botched lip jobs and Botox procedures, the consequences can extend beyond aesthetic concerns, leading to lasting and severe consequences for patients.

​Cosmetic Negligence Claims

Cosmetic surgeons owe a duty of care to their patients to exercise a standard of reasonable skill and care. When there is a breach of this duty, and harm is suffered as a result, cosmetic surgery negligence compensation may be available.

Examples of negligence in cosmetics include:

  • Breast augmentation negligence
  • Botox and cosmetic fillers claims
  • Rhinoplasty (nose job) compensation
  • Liposuction/ tummy tuck compensation
  • Labiaplasty and penile enhancement procedure claims
  • Incorrect surgical technique or treatment
  • Failure to provide informed consent – material side effects/ risks were not discussed
  • Incorrect medication or anesthesia during surgery
  • Procedure was performed by an unqualified or unlicensed practitioner
  • Post – operative infections
  • Nerve damage
  • Scarring

Cosmetic ​Compensation is available for:

  • Past and future medical expenses
  • Loss of earnings
  • Pain and suffering
  • Carers and assistance required in the future

Principal Solicitor Terry Stern settled a case at mediation for the plaintiff who suffered extensive scarring and misaligned nipples following a breast augmentation surgery. The cosmetic surgeon was found to be negligent for failing to obtain informed by consent by appropriately discussing the risks and expected results.

In 2017, a class action involving 240 women was initiated against Australia’s largest cosmetic surgery provider, The Cosmetic Institute (TCI). Allegations of negligence during breast augmentation procedures led to life-threatening complications, including cardiac arrest, seizure, and emergency surgery. Read more at ABC News

How to Establish a Cosmetic Negligence Claim

To initiate a negligence claim, our firm will, with your consent, collect your personal medical records and any correspondence with the relevant cosmetic surgeon. Specialised medical negligence solicitors and expert medical advice will then review these documents to determine whether the care you received failed to meet the standard of reasonable care, resulting in further harm.

Contact our team at Stern Law for a unique and individualised understanding of the sensitive nature of medical negligence claims. Our cosmetic surgery lawyers are here to listen with empathy and provide guidance throughout the complex claims process.

Please call us on (02) 9387 1399 or email us at [email protected]

We look forward to sharing this journey with you.

Disclaimer: The content of this article is intended only to provide a summary and general overview of matters of interest. It does not constitute medical or legal advice and should not be relied on as such.