Can I Sue My Cosmetic Surgeon?

If you have had a bad outcome from cosmetic surgery it may be possible to sue your cosmetic surgeon.

Like other medical professionals cosmetic surgeons owe their patients a duty to take reasonable care in providing treatment, which includes making known to patients the potential risks and possible unfavourable outcomes of the treatment.

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You may be able to make a negligence claim against your cosmetic surgeon if:

  • you suffer an injury as a result of a cosmetic procedure;
  • you suffer adverse complications as a result of a cosmetic procedure; or
  • you were not warned of the risks or potential unfavourable outcomes of a proposed treatment, and you would have declined the treatment had you known of the risks.

Where the results of a cosmetic procedure simply do not meet your expectations, you may still have grounds to make a claim against the surgeon for breach of contract, if he or she significantly under-delivered on what was promised.

What steps should I take if I am unhappy with the outcome of my cosmetic procedure

Not every injury, complication or unfavourable result will amount to negligence or breach of contract, however you may still be able to resolve your dispute with a cosmetic treatment provider by other means.

  1. Make a written complaint to the surgeon and attempt to negotiate a resolution such as corrective surgery or a partial refund being provided.
  2. If the issue is not resolved at Step 1, consider filing a complaint with the Office of the Health Ombudsman (if your procedure took place in Queensland).
  3. If the effects of the alleged negligence or malpractice have serious ongoing implications such as pain and suffering, disfigurement, and loss of income, you should seek medical negligence legal advice as soon as possible.

Next steps - get advice now

It’s important to get advice for your specific situation. Check if you can make a risk-free compensation claim and get free initial advice from our Principal lawyer, Greg Smith.

Last update on:
May 29, 2018
Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For expert advice call 1800 266 801 or chat via live chat to arrange free initial advice with our Principal lawyer, Greg Smith.

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