In Australia, it is often the case that doctors who are not specialists in plastic surgery perform cosmetic surgery procedures. ‘Cosmetic surgery’ is not a recognized specialty of medicine in Australia and the title ‘cosmetic surgeon’ is not protected under the National Health Professionals Regulation Act.
The consequences of undergoing an invasive procedure at the hands of an untrained person can be devastating. State governments are currently reviewing legislation with the aim of tightening the laws, particularly regulations on extreme body modification procedures carried out by non-doctors.
If you are considering cosmetic surgery, it is important that you seek the opinion of a professional physician. It is advisable that you consult with your GP (general practitioner), who is likely to be aware of experienced, licensed surgeons who are experts in the procedure to be performed.
Examples of the types of invasive procedures where you should seek the expertise of a board-certified specialist plastic and reconstructive surgeon include:
- abdominoplasty (abdominoplasty)
- brachioplasty (arm lift)
- breast augmentation or reduction
- buttock augmentation, reduction, or lift
- facial implants involving insertion of an implant into bone or surgical exposure to deep tissue
- liposuction involving the removal of more than 2.5 liters of lipoaspirate
- mastopexy or mastopexy augmentation
- neck stretch
- pectoral implants
When a procedure is not performed with the necessary level of care or expertise, things can often go wrong. Permanent scarring, injury, disability, or even death can result. When this happens, a patient (or their family) will often seek compensation for their loss, pain and suffering. A cosmetic surgery malpractice claim can be brought in situations where a surgery was not performed with due skill and care, resulting in damage.
If you need to take legal action, it is advisable that you speak to an experienced Australian medical malpractice solicitor who has experience handling cosmetic surgery claims. Australian civil laws differ from state to state, however regulation of physician conduct is very similar and standards are assessed on expert evidence by professional peers. Australian doctors are required by law to carry professional indemnity insurance, so it is your insurance company that will pay any compensation. There are time limits that apply when suing for negligence compensation, so it is important to act quickly.
If your surgeon offers to operate on you at no cost after the first failed surgery, you should carefully consider seeking a second opinion from an alternative plastic surgeon and possibly speaking with a medical malpractice attorney for legal advice about your options.