Skip to content

Sian Chapman

- 22 Oct 2021
  • Medical Negligence

  • Personal Injury

What to do when your cosmetic procedure doesn’t go to plan

Co-authored by Floyd Bakewell

There are many types of cosmetic procedures available today, ranging from less invasive procedures like botox and other injectables, to invasive procedures, such as breast augmentation and abdominoplasty. 

While many of these procedures are performed adequately and a reasonable result is achieved, there are occasions when mistakes are made by medical practitioners in the process. 

The consequences of errors in invasive procedures can have a significant impact on you, and, if you’ve undergone an invasive cosmetic surgery procedure that hasn’t gone to plan, you may be able to access lump sum compensation under the following heads of damage:

  • Pain and suffering;
  • Past medical expenses and the like;
  • Future medical expenses;
  • Past and future economic loss;
  • Past voluntary domestic assistance;
  • Paid future care; and
  • Loss of consortium (ie. the impact on your relationship).

 

Medical negligence

it may be that your invasive cosmetic surgery procedure was performed negligently. 

The starting point for proving medical negligence is when an expert — that of a medical practitioner with the same qualifications of the practitioner who performed your procedure — considers the treatment to be below the Australian standard applicable at the time the procedure was performed, or in broad terms, considers the outcome unreasonable. 

Getting an expert medical opinion is often the first step when proving medical negligence, however,  can often cost several thousands of dollars. 

For this reason, it is important that if you’re considering making a claim, you must be confident in your decision before starting the process.

 

Making a claim

If the outcome of the surgery was not in line with your expectations, it may be that the surgery was performed negligently. 

However, it may be that other factors influenced the outcome of the surgery such as a pre-existing medical problem. It may also be that the result was unavoidable, regardless of the level of competence being exercised in the procedure.

If you are concerned that a cosmetic surgery you’ve undergone hasn’t gone to plan, we suggest you:

  1. Seek urgent medical attention if the situation is posing a risk to your health;
  2. Speak to your specialist regarding the outcome of the surgery you are concerned with, and what they say should have occurred;
  3. Take steps to remedy the issue;
  4. Take photographs of the affected area and document any changes or worsening; and 
  5. Then contact DBH lawyers for a no obligation discussion regarding your concerns. 

At DBH, we can talk to you about if your concern may be actionable in a claim for compensation.

Contact our Medical Negligence team today to get started.