Many Australians undergo cosmetic surgery each year, hoping to achieve excellent results. However, some unfortunate individuals can be the victims of a botched plastic surgery, which brings with it a number of implications. Often, the only step forward from a cosmetic surgery gone wrong is to file a medical negligence claim.
Read on to learn more about the steps involved in suing a cosmetic surgeon and how compensation lawyers can help to maximise your claim.
Cosmetic Surgeries In Australia
Cosmetic surgery can be a procedure to correct an issue with your body or to enhance a feature of your body. It can encompass anything from receiving skin grafts to correct serious burns on the body to breast reduction or augmentation.
There are many reasons thousands of Australians choose to go under the knife but usually, the main one is that they believe they will have a better quality of life post-surgery. This, however, is not always the case.
As the number of botched plastic surgery procedures increases, so to do medical negligence claims. Recently, a group of women brought forward a malpractice case against the largest cosmetic surgery provider in Australia after being left with serious complications from breast augmentation procedures. This is one of many cosmetic surgery negligence claims filed each year.
When Is It Medical Malpractice?
It is important to determine if you have sufficient grounds to make a medical negligence claim. The easiest way to do this is to consult with cosmetic surgery lawyers so that you are receiving the best advice for your particular situation.
Some common reasons for suing a cosmetic surgeon include:
- Non-certified plastic surgeons performing cosmetic surgery
- Failure to abide by the patient’s informed consent
- Failing to take the patient’s full medical history
- Using inadequate surgical equipment and/or performing surgeries outside of hospitals/clinics
Liability of The Cosmetic Surgeon
Cosmetic surgeons must demonstrate the highest of medical standards when providing care to patients. Failing to provide the expected medical competency that a reasonable cosmetic surgeon would provide under similar circumstances would suggest medical malpractice. By law, a surgeon must list and explain all possible complications that may occur as a result of your elected procedure and they must make sure that you fully understand the likelihood of these risks occurring.
Medical Negligence Claims
Once you have determined you have reasonable cause for concern, you need to begin filing a medical negligence claim against your cosmetic surgeon. Having knowledgeable cosmetic surgery lawyers during this process will help you make sure you build the strongest case possible.
To prove receive compensation, you must be able to prove that:
- A duty of care was owed to you by your cosmetic surgeon
- Your cosmetic surgeon breached this duty of care by acting negligently or failing to act reasonably
- You have sustained a life-altering injury as a result of your cosmetic surgeon’s actions
Cosmetic surgery can often result in complications that worsen your original issue. It is important to make sure that you are perfectly aware of this before you go under the knife. Your cosmetic surgeon needs to be held accountable if they failed to debrief you on the following common complications:
- Nerve damage
- Scarring and general dissatisfaction with end result
- Organ damage
Compensation given in most medical negligence claims is intended to return the victim to the position they would be in had the negligent act not occurred. However, this can be difficult when compensating for serious physical injury as this can have long-lasting effects on the individual.
Pain and suffering are usually awarded based on precedents set by previous cases dealing with similar circumstances. Amounts awarded are divided into two types of damages, special damages, and general damages. Usually, your compensation amount will cover medical expenses, loss of income, pain and suffering and wrongful death (compensation will be given to the patient’s family).
Time Restrictions For Medical Negligence Claims
Medical negligence claims often take place a long time after the original procedure was undergone. Complications from a botched plastic surgery can take time to become evident, which is why the time frame for medical negligence claims can vary.
Victims should speak to compensation lawyers to determine if they are within the time restrictions for medical negligence claims. Once you are sure that you are within the timeframe, and that there are signs of complications that you were not informed of prior to undergoing surgery, speak with cosmetic surgery compensation lawyers to decide your next course of action.
You may need to gather evidence of your interactions with your cosmetic surgeon in order to strengthen your case. Experienced compensation lawyers can assist with this.
If you have been the victim of a botched plastic surgery, contact Schreuders for a free consultation. Medical negligence claims are lengthy and complicated. Having the support of experienced compensation lawyers will ensure that you have the best chance of success.