Written by: Ray Abbas Last year, Australians underwent 1.6 million cosmetic surgeries, along with 28.5 million minimally invasive treatments such as fillers, injections, and laser skin procedures.
Like any medical procedure, things can sometimes go wrong. Whether due to surgical error or negligence by your medical team, engaging experienced cosmetic and plastic surgery lawyers can help you pursue the compensation you deserve.
This December 2025 guide provides clear, in-depth information on cosmetic surgery medical negligence, including what it is, common scenarios, eligibility criteria, and potential compensation.
What is cosmetic surgery medical negligence?
You can pursue a compensation claim for surgical errors, such as:
- Performing the wrong procedure
- Causing injuries through surgical mistakes
- Administering or monitoring anaesthetics incorrectly
- Performing surgery that results in disfigurement or scarring
- Mismanaging post-operative infections
- Failing to fully explain the risks of the operation
Compensation claims focus on the harm caused by surgical errors, not simply the fact that a mistake occurred. Even minor lapses can have serious consequences, and documenting the resulting injury is crucial to supporting your claim.
Cosmetic surgery vs plastic surgery: What’s the difference?
Plastic surgeons, on the other hand, are more tightly regulated. To become a Fellow of the Royal Australasian College of Surgeons (RACS), a surgeon must complete eight additional years of specialist training after medical school.
While the terms are sometimes used interchangeably, the focus differs:
- Plastic surgery usually restores the look and function of tissue and skin.
- Cosmetic surgery primarily changes appearance, such as rhinoplasty, breast augmentation, or facelifts.
Bad cosmetic surgery vs surgical negligence
| Type | Examples | Can you claim compensation? |
|---|---|---|
| Unsatisfactory results | Cosmetic outcome doesn’t meet expectations (e.g., shape, size, appearance). | No. Simply being unhappy with your results is not enough. |
| Surgical negligence | Not following protocols, failing to explain risks, and making decisions outside of what a competent surgeon would do. | Yes, if negligence caused injury or harm. |
| Surgical errors | Mistakes during surgery, such as scarring, disfigurement, or leaving instruments inside the body. | Yes, if the error caused harm. |
Only cases where a surgeon’s negligence or surgical error causes actual physical, emotional, or financial harm can form the basis of a compensation claim.
Common types of cosmetic surgery malpractice
With cosmetic procedures now so widespread in Australia, related compensation claims are becoming increasingly common. Some of the most frequent cases we encounter for cosmetic surgery malpractice include botched procedures, lack of informed consent, complications with aftercare, and scarring.
1. Botched procedures and unexpected results
Unfortunately, there are times when surgical procedures don’t go to plan and the patient is left with unpleasant side effects such as scarring, infection or the need for further surgery.
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Some common procedural errors include:
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2. Lack of informed consent
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Situations where lack of informed consent may occur include: Â
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3. Poor aftercare and complications
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Situations where poor aftercare may occur include: Â
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4. Infections and scarring
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Situations involving infections or scarring may include:
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How do I know if I have a cosmetic surgery claim?
You may have a cosmetic surgery claim if your surgeon or practitioner was negligent and you suffered harm as a result. In legal terms, this means three elements must be present:
- Duty of care: The practitioner owed you a responsibility to treat you with reasonable skill and care.
- Breach: They failed to meet that standard, such as by making a procedural error, providing poor aftercare, not warning you of risks, or ignoring complications.
- Damage: You experienced physical injury, psychological harm, or financial loss because of that breach.
Questions to ask
Before pursuing a cosmetic surgery claim, it can help to reflect on a few key questions. These won’t determine the outcome on their own, but they can give you a clearer sense of whether negligence may have occurred.
- Was the outcome avoidable?
- Was the surgeon qualified?
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What evidence do I need to make a claim?
Evidence you can provide includes:
- Medical records from your initial cosmetic consultation, the procedure, and follow-up appointments
- Photographs showing injuries, scarring, or complications over time
- Hospital or clinic notes you may have access to
- GP follow-up records documenting ongoing symptoms or long-term effects
- Receipts, invoices, or financial records showing additional treatment costs or lost income
What your plastic surgery negligence lawyer will help with:
- Obtaining full medical records from clinics, hospitals, and practitioners
- Securing independent expert medical opinions to assess whether the treatment fell below accepted standards
- Collecting additional evidence, such as operative reports or internal clinic documentation
- Preparing your claim to clearly show how the negligence occurred and the impact it has had on your life
In medical negligence cases—including cosmetic surgery negligence claims—independent medical experts are essential. Courts place significant weight on their opinions because they provide an objective assessment of whether a surgeon or practitioner met the accepted standard of care. Without expert evidence, it’s extremely difficult to prove that a breach of duty occurred and that it directly caused the harm claimed.
Steps to take if you suspect cosmetic surgery medical negligence
| 1. Act promptly | If you believe you have experienced negligent cosmetic surgery care, it’s important to take action quickly. Early steps can make it easier to gather evidence and protect your claim. |
| 2. Gather your evidence | Collect all relevant documents, such as medical records, photos, hospital notes, and GP follow-ups. The more evidence you have, the stronger your case will be. |
| 3. Speak with a specialist cosmetic surgery lawyer | Arrange a consultation with a lawyer who specialises in cosmetic surgery negligence. They can assess your situation, explain your options, and guide you through the claims process. |
| 4. Understand the timeframe | While you generally have three years to make a claim, starting early is crucial. This allows time for obtaining medical records, expert opinions, and any other evidence needed, without risking delays. |
| 5. Receive personalised instructions | After your consultation, your lawyer will provide a timeframe for your specific case and outline exactly what evidence you should collect to strengthen your claim. |
Find out how much you can claim today
Cosmetic surgery negligence cases in Australia: Examples and outcomes
| Procedure | Negligence | Impact on client and outcome |
|---|---|---|
| Rhinoplasty | The surgeon failed to explain the risks and potential complications during the initial consultation. The surgery (open rhinoplasty with alar base resection) did not achieve the intended results. | The client was left with an unsatisfactory outcome, requiring multiple corrective surgeries and a steroid injection to address defects. She experienced ongoing physical and emotional distress. Compensation: $100,000 |
| Penis enlargement surgery | The doctor assured the client of unprecedented results without considering his medical history or psychiatric vulnerabilities. Post-surgery care was inadequate, with severe pain, swelling, bleeding, and an infection. | The client endured extreme physical pain, was unable to work for six weeks, and underwent a second corrective surgery that failed to deliver results. He suffered psychological distress, financial loss, and trauma. Compensation: $200,000 |
| Breast augmentation | The surgeon performed the procedure in a way that compromised circulation, and hospital staff failed to provide appropriate post-operative care. | The client suffered permanent tissue damage, scarring, loss of nipple sensitivity, deformity, and ongoing pain. Psychological distress was significant. Expert review confirmed negligence. Compensation: $250,000 |
What are your legal options?
In most cases, focusing on your recovery is the most important priority. At the same time, it’s crucial to be aware of the legal time limits for making a claim. In cosmetic surgery negligence cases, you generally need to act within:
- Three years from the date you became aware of the negligence
- Twelve years (ten years in some states) from the date of the procedure itself
We always recommend starting your claim as early as possible. Acting promptly gives you more time to gather evidence and build a strong case.
We also operate on a No Win No Fee basis. We know you may be dealing with medical bills and reduced income, so you won’t pay a cent unless your claim is successful. Our goal is to make the process as stress-free as possible while securing the compensation you deserve.
