There is an element of risk to every surgery, and that includes cosmetic procedures. Complications can have an emotional and physical impact on patients. 

Medical negligence law provides protections for patients and it’s important to know your legal rights, especially if you’re dealing with complications after cosmetic surgery. Whether there is a chronic pain issue following a surgery, an infection that led to permanent damage or a loss of self-esteem as the result of medical negligence, before you can make a medical negligence claim, it’s important to know what steps to take. 

Common Complications in Cosmetic Surgery 

There are a few things that can go wrong in cosmetic surgery, for example:

  • An infection can come as a result of bacteria in the surgical site. This could be the result of poor wound care or inadequate sterilisation. 
  • Scarring is natural for many procedures, but unsightly scars may be the result of poor suture techniques or improper wound healing. 
  • Asymmetry may be due to a surgical error, and can occur after rhinoplasty, facelift, or breast augmentation. 
  • Improper anaesthesia application can lead to respiratory problems and even waking up during surgery, which can be traumatic. 

There are class action lawsuits related to medical negligence that you can join, whether it’s related to breast implants, anaesthesia, asymmetry, scarring, or something else. A class action lawsuit helps relieve some of the burden from your shoulders and amplifies your voice when you work with a group of patients who have gone through the same experience.

Legal Standards in Cosmetic Surgery 

Cosmetic surgeons, like all healthcare professionals, are held to a high standard legally. If they do not adhere to these standards, they leave themselves at risk for medical negligence claims. Every cosmetic surgeon owes their patients a duty of care. They are obligated to deliver reasonable and competent care. That means thoroughly discussing the risks and benefits of a procedure, providing each patient with accurate information, and carrying out surgery with due diligence once receiving informed consent. 

Informed consent must be obtained before a procedure takes place, and this is where the thorough discussion comes in. The consent a patient gives cannot be considered informed unless they have been given all the facts before agreeing to the procedure. 

Surgeons should possess the skills, knowledge, and competence necessary to complete the procedure they undertake. It’s a breach of their duty of care to carry out the procedure without this competence. The duty of care does not end with the surgery; a cosmetic surgeon’s duty of care also includes postoperative care. That includes monitoring, necessary care, providing instructions, and promptly addressing any issues that arise. 

Establishing Medical Negligence 

Medical negligence is difficult to prove; it comes with a high standard of proof, which is why it’s important to hire an experienced lawyer to fight your case. 

Medical negligence requires a breach of duty. That could be inadequate skill, unsafe practices, failure to obtain informed consent, failure to provide reasonable care, and errors in judgment. 

Whatever the breach, there has to be a direct link to a patient’s injury or harm. Your case for medical negligence is much stronger if you can prove the harm that resulted from the standard of care. 

You have to prove that the duty of care exists, that it was not met, and that you experienced and injury as a direct result of that. You can pursue medical care and second opinions in relation to your complications and these can be used as evidence in your claim. 

In terms of breach of duty, you need to establish the standard of care expected by demonstrating what a competent, reasonable surgeon would have done in the same circumstances. You can demonstrate this with the expert opinion from a cosmetic surgeon. You can also use industry guidelines, established protocols, and medical records to establish the duty of care and show the breach. 

As for causation, medical experts can also provide you with expert opinion to link the surgeon’s negligence with any complications that you experienced. You can’t simply prove an error occurred; you have to show the significance of it and what complications came because of it. 

Legal Recourse of Patients 

Step one is consulting with a lawyer to ensure you apply within the relevant timelines and constraints. By acting quickly, you can preserve evidence, including witness statements. A lawyer can review all of the supporting evidence to determine the veracity of your claim. 

If you have a case, your lawyer will likely engage the services of medical experts who can substantiate your claims. The lawyer will handle the formal notice by sending a letter of claim to the defendant, in which the allegations are outlined alongside the basis of the medical negligence claim and desired resolution. At that point, there may be a negotiation and mediation session in an attempt to settle the case quickly. Otherwise, it will proceed to court. 

Case Studies 

The Medical Board of Australia has taken steps to firm up the laws protecting patients, and these rules took effect in July of 2023. It means patients seeking cosmetic surgery will have to sit down and discuss their motivations with their GP and receive a referral. This provides you more protection and forces higher standards in the cosmetic surgery community. 

These guidelines could certainly have helped one Newcastle woman. She opted for what she believed to be a simple breast augmentation, and though she reported ongoing pain to the medical staff afterwards, no action was taken. She noticed discolouration and went to the hospital for treatment and a second opinion. The expert opinion was the operation had done damage to the blood circulation, and the damage was permanent. Though she received compensation of $250,000, these new guidelines could have helped her avoid the pain and suffering altogether. 

Final Thoughts 

You have the right to pursue legal recourse if you believe you are the victim of medical negligence. You can file a medical negligence claim against the healthcare provider or surgeon who carried out the procedure. You can receive compensation if your case is successful. The monetary compensation you receive can be for pain, suffering, rehabilitation costs, medical expenses, and any other damages that resulted from the negligence. 

If you are pursuing medical negligence in Sydney, you need to enlist the services of experienced medical negligence lawyers. AJB Stevens can provide you with a lawyer with the relevant experience to provide you with the justice and resolve you deserve.