Plastic surgery should be a fulfilling and rewarding procedure, designed to restore or enhance quality of life. When plastic surgery errors result in harm, however, the patient may be eligible for a medical negligence compensation claim.
Do I have a plastic surgery compensation claim?
Medical negligence, or medical malpractice, is a complex area of Australian law, and plastic surgery is a diverse field of medicine.
The range of procedures involved can range from intensive life-saving reconstructions to very minor day surgeries with local anaesthetic. Some procedures are even offered by businesses who are not medical practitioners, such as beauticians and tattoo artists, sometimes with questionable legality.
As a result, medical negligence claims arising from plastic surgery can occur under any number of circumstances. Whether you’ve suffered life-threatening injury or illness through a botched operation, or are experiencing pain or deformity from malfunctioning or faulty implants, or require a follow-up procedure to correct unintended effects, you may be eligible for compensation.
It’s highly advisable to seek legal advice from a specialist in medical negligence. What’s My Claim Worth advisors can help you clarify your situation, understand your legal options and the value of your claim, and connect you with the right lawyer to help you pursue justice.
How do I lodge a plastic surgery compensation claim?
In order for a medical negligence claim to be successful in Australia, including plastic surgery compensation claims, there are several elements which must be demonstrated to a legal standard. These are liability, causation, and harm.
A medical professional who is liable has accepted the responsibility for treating the patient. They must then be shown to have caused the injury or illness through a breach of their duty of care, or their responsibility to practice medicine to a reasonable standard of competence and attention. Finally, that breach must have caused harm which extends beyond the original cause of treatment.
In cases of plastic surgery, this can sometimes be more difficult to demonstrate than other branches of medicine. If the reason for a plastic surgery was to improve the appearance of a disfigurement, for example, or if the person performing a procedure was not qualified to do so as a medical practitioner, the applicability of the duty of care becomes more complex.
In most cases, there are strict time limits on when you can bring a plastic surgery compensation claim, so it is advisable to seek legal support as early as possible to prepare your case efficiently.
How much is my plastic surgery compensation claim worth?
A What’s My Claim Worth advisor can help you estimate the value of your compensation, which may come in several forms. Claims may result in:
- Compensation for any further treatment or care necessary as a result of the plastic surgery
- Compensation for any loss of earnings, both those already suffered and those projected into the future
- Compensation for suffering, physical pain and mental distress
- Compensation for any other expenses, such as travel costs, incurred as a result of the plastic surgery
Depending on your circumstances, it may be more appropriate to make other forms of compensation claims. You, your dependents or your carers may also be eligible for additional forms of payments.
Medical practitioners in Australia are required to be covered by professional indemnity insurance, so the doctor or healthcare organisation will not bear the cost of the compensation directly.
How can What’s My Claim Worth help?
What’s My Claim Worth advisors are available for a confidential discussion of your case and easy-to-understand legal advice. We can help you understand the medical and legal circumstances which apply to you, what options are available, and the potential value of your claim. Our advisors will connect you to an expert lawyer who specialises in cases like yours, and who will operate under our No Win, No Fee guarantee. At What’s My Claim Worth, we support you to follow the path that’s right for you and achieve the compensation you deserve.
