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Cosmetic Surgery Compensation


When cosmetic surgery goes wrong.

There’s no doubt that cosmetic surgeries are as popular as ever in Australia. Procedures like eyelid surgery, breast augmentation, rhinoplasty, tummy tucks and liposuction are helping Australians of all ages look their best, to the tune of more than a billion dollars’ spending on the industry per year. However, as with any growing industry, there is always the chance for malpractice and negligence.

Anytime you go under the knife there are always associated risks. But if your cosmetic surgeon fails to properly warn you of the possible negative impacts, or otherwise does not properly fulfill their duty of care, you may be entitled to compensation. 

Gerard Malouf & Partners can help you to secure a settlement for physical and psychological damage caused by a surgery gone wrong. Our solicitors and barristers are experts in medical negligence and are here to fight for you.

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Winning Cosmetic Surgery Claims


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What are common types of cosmetic surgery negligence claims?

Cosmetic procedures vary greatly in their invasiveness and complexity. With procedures that can be performed on almost any part of the body, the potential for injury in the hands of an unqualified practitioner are great. Some of the most common cosmetic surgery mishaps that have resulted in injury and legal action include:

Eyelid surgery

The eyelid is an extremely delicate part of the body and its proximity to the nerves in the eye has resulted in patients losing their eyesight as a result of the procedure.

Breast augmentation

Breast augmentations, reductions and lifts are some of the most common cosmetic procedures performed in Australia. The most common risk of an augmentation procedure is that the implant will become infected. While there is always a possibility that this may happen, if your surgeon fails to provide proper warning, diagnose the infection or give proper care for the infection, a medical negligence case may be possible. Other possible damages include lung punctures, seizures and disfigurement.

Anesthesiology mistakes

Anesthesia is used in many of the more invasive cosmetic procedures, such as liposuction and breast augmentation. If the clinic performing your procedure does not have a qualified anaesthetist on hand and complications occur, you may have a case for medical negligence.


Getting the most from your claim

To prove medical negligence, you must be able to show that the clinic performing your surgery failed in its duty of care to you. In Australia, medical professionals have a moral and professional imperative to keep their patients safe from harm. This does not mean that a surgeon is responsible anytime something goes wrong, but simply that they must make every reasonable effort to prevent or limit harm. Anything less than this is considered negligence.

While the qualifications to be a cosmetic surgeon in Australia are lower than those of other specialties — only a basic medical degree is needed, rather than specific surgery experience — cosmetic surgeons are still bound by a duty of care. Part of the duty of care involves warning a patient of the potential risks of the procedure, including being transparent about a lack of qualifications.


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GErard Malouf & Partners

Experienced solicitors and barristers

Gerard Malouf & Partners already has an established track record of securing justice for people in need, including victims of medical negligence related to cosmetic surgery.

In one recent case, from April 2020, we secured a South Coast woman a $120,000 payout after an infection caused by cosmetic surgery was managed poorly by a general practitioner.

Our client had undergone a breast augmentation and scar revision surgery that seemed successful in the days immediately following the surgery. But not longer after that, the woman began to notice a rash underneath her breasts that rapidly spread across her abdomen. Other symptoms, including migraines, difficulty breathing, high fevers and vomiting, soon followed. Despite her symptoms, and decision to consult a general practitioner immediately, her infected implants were not removed for several weeks. The entire ordeal left the woman with both physical and psychiatric injuries. Desperate for recourse, she turned to Gerard Malouf & Partners.

Our expert medical negligence solicitor was able to effectively gather evidence and consult an expert general practitioner and infectious disease specialist for corroboration. We ultimately brought the matter to mediation and secured our client a settlement that would allow her to continue with medical and psychiatric treatment. The settlement also helped her reach a feeling of closure over the incident.

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Contact us for no-obligation legal advice about your claim.
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Our guide to maximising legal claims

Download your guide today for free and make sure that you are aware of the facts and information you need to maximise your damages claim.

“I really appreciate all the hard work you put in for me during my case. I only have the highest regard for you and your team!”

Our Client
Our Team

Meet the Medical Negligence team

Meet some of the diverse and dynamic compensation lawyers that support our clients with their Medical Negligence claims.
Jayne O’ Sullivan
Senior Associate
Leslie Abboud
Susan Newman
Senior Associate

We're here to help maximise your compensation

Call us now on 1800 004 878 to book a free appointment with one of our compensation experts, or make an enquiry online now.

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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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