Personal Injury
Medical Negligence Lawyers

• Breast surgery
• Facelift procedures
• Rhinoplasty/nose jobs
• Abdominoplasty surgery
• Liposuction errors and complications
• Burns or scarring from laser treatments
• Infection due to inadequate sterilisation or post-operative care
• Nerve damage during cosmetic procedures
• Failure to obtain proper informed consent
• Misrepresentation of likely outcomes or risks

The distinction between negligence and an unsatisfactory result is crucial in cosmetic surgery claims:

Negligence involves:

• Procedures performed below the accepted standard of care
• Failure to take reasonable precautions to prevent harm
• Errors in surgical technique or judgment
• Failure to properly advise of risks
• Improper post-operative care

Unsatisfactory results without negligence involve:

• Outcomes within the range of known risks and complications that were properly disclosed
• Results that don’t meet aesthetic expectations but involved no technical error
• Complications that can occur even with proper technique
• Normal scarring or healing variations

While cosmetic procedures carry inherent risks that may lead to less-than-ideal results, you still have the right to expect a reasonable standard of care. At Stacks Goudkamp, we can assess whether your unsatisfactory outcome resulted from negligence or was simply a known risk of the procedure.

Proving negligence in cosmetic surgery cases requires establishing:

• The surgeon or clinic owed you a duty of care
• This duty was breached due to unreasonable cosmetic treatment
• The breach caused your injury
• You suffered an injury that qualifies for compensation

We gather evidence from various sources, including:

• Complete medical records from consultation through post-operative care
• Photographs before and after the procedure
• Expert opinions from independent plastic surgeons
• Consent forms and information provided before the procedure
• Records of communication between you and the surgeon
• Witness statements where relevant

At Stacks Goudkamp, we have extensive experience in cosmetic surgery claims and access to highly regarded plastic surgery experts who can determine whether your treatment met the appropriate standard of care.

Compensation for negligent cosmetic surgery typically covers:

• Pain and suffering and loss of enjoyment of life
• Past and future medical expenses, including corrective procedures
• Past and future loss of income if your ability to work was affected
• Loss of superannuation
• Care and assistance needs during recovery
• Psychological counselling for trauma related to disfigurement
• Travel expenses related to medical treatment
• In some cases, refund of the original procedure costs

The value of your claim will depend on the severity of harm caused, its impact on your life and appearance, and your specific financial losses. At Stacks Goudkamp, our cosmetic surgery lawyers work with medical experts to ensure all current and future needs are properly quantified and included in your claim.

In NSW, strict time limits apply to medical negligence claims for cosmetic surgery. Generally, you have:

• 3 years from when you discovered the cause of action
• A maximum of 12 years from when the negligence occurred, regardless of when you discovered the injury

It’s important to understand that “discovery” doesn’t simply mean when the procedure occurred, but when you became aware of each of the following:

• You suffered an injury beyond normal recovery
• The injury was caused by the fault of the surgeon or clinic
• The injury was serious enough to justify making a claim

We recommend seeking legal advice as soon as possible as exceptions may apply in certain circumstances. At Stacks Goudkamp, we can assess your specific situation and help determine the applicable time limits for your cosmetic surgery claim.

Yes, you may still have a valid claim even if you signed a waiver or consent form. These documents do not absolve practitioners from their duty to provide competent care. You can still claim if:

• The procedure was performed negligently, regardless of consent
• You were not properly informed about material risks (failure of informed consent)
• The procedure performed went beyond what you consented to
• The surgeon misrepresented their qualifications or experience
• The information provided was misleading about likely outcomes

Informed consent is particularly important in cosmetic surgery, as these are typically elective procedures. Surgeons must properly explain all material risks and realistic outcomes.

At Stacks Goudkamp, we carefully assess both the quality of care provided and the adequacy of the consent process to determine the strength of your cosmetic surgery claim.

Claims against overseas cosmetic surgery providers present unique challenges:

• Jurisdiction issues may complicate legal proceedings
• Different countries have different standards and regulations
• Enforcement of Australian law overseas is unlikely
• Travel insurance rarely covers elective cosmetic procedures
• Follow-up care complications often become the responsibility of Australian doctors

However, you may have options if:

• The procedure was arranged through an Australian agency or facilitator
• The surgeon or clinic actively marketed their services in Australia
• You received negligent follow-up care in Australia
• The surgery was part of an organised “cosmetic tourism” package

At Stacks Goudkamp, we can assess your overseas cosmetic surgery case and advise on the most appropriate approach, which may include claims against any Australian-based entities involved in your treatment.

If your cosmetic procedure was performed by a non-plastic surgeon, this may assist your claim:

• All practitioners must meet the standard of care as applicable to the procedure they perform
• Plastic surgeons undergo rigorous and extensive training in reconstructive and cosmetic surgery and are certified by the Royal Australasian College of Surgeons (RACS).
• Cosmetic doctors who are not qualified, registered plastic surgeons can perform cosmetic procedures regardless of their specific training or speciality.
• Failure to disclose lack of specialist qualifications may constitute misrepresentation
• The practitioner may have breached regulations regarding what procedures they’re permitted to perform

In Australia, anyone with a medical degree can technically perform cosmetic work without specialist plastic surgery qualifications. Although the area has become more scrutinised in recent years, it is still largely unregulated.

At Stacks Goudkamp, we investigate the qualifications and experience of your provider as part of your claim, and whether they properly disclosed their training and credentials before your procedure.

At Stacks Goudkamp, in most cases, we handle cosmetic surgery claims on a No Win, No Fee basis, meaning:

• You pay no upfront legal costs
• We fund all expenses during your claim, including expert medical reports, which can be costly
• Legal fees to us are only payable if your claim is successful
• A percentage of your legal costs will be recovered from the insurer if your claim succeeds

Unlike some firms, we don’t use litigation lenders who charge high interest rates for funding medical reports and other expenses. We cover these costs ourselves, ensuring you don’t face additional financial burdens during an already challenging time.

During your initial consultation, we’ll explain our fee structure clearly so you understand the process completely before proceeding.