Do medical negligence laws apply to cosmetic surgeries and injectables? We asked a lawyer.
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Cosmetic surgeries—from anti-wrinkle injections to facelifts to dermal fillers and everything in between—are becoming commonplace in Canberra.
Luckily, we have a plethora of well-respected and highly qualified cosmetic surgeons and aestheticians in Canberra. But what happens if something goes wrong?
To get an expert opinion on what legal recourse you have should something go wrong, we asked Thuto Disele, Solicitor at Maliganis Edwards Johnson, for the lowdown in plain English.
According to Thuto, medical negligence laws do indeed apply to cosmetic surgeries—and even some injectables.
“People who have been injured through cosmetic surgeries can claim for compensation against the doctors or other health practitioners or hospitals at fault, and the usual principles of compensation law apply,” she explains.
“Some types of injectables are considered a cosmetic procedure such as anti-wrinkle injections and dermal fillers. Cosmetic surgery is where there is an incision beneath the skin. The same rules of law apply regardless.”
Thuto says that luckily, because of the prevalence of these procedures, resources are freely available to help you make the right choice for you.
“The Federal Government has created online resources providing the general public with avenues of how to equip themselves with the knowledge necessary to make an informed and safe decision about cosmetic surgery,” says Thuto. “That is how to choose an appropriately qualified medical practitioner, verifying a licensed facility, and understanding the risks associated with the surgery.”
Thuto Disele.
However, even if careful research has been undertaken, incidents can occur – and if that happens to you, Thuto says there are a few avenues you can explore medically and legally.
Firstly, she urges people to get a second opinion from a medical specialist about “diagnosis and treatment options” resulting from the surgery or injectables. Secondly, seek legal advice.
“The most important thing to do would be to contact a law firm specialising in compensation law, such as our dedicated medical negligence team at Maliganis Edwards Johnson, so that you can get advice particular to your circumstance,” says Thuto.
“We would need to talk through such issues as how to go about proving there has been medical negligence, what types of losses and damages can be recovered, timeframes and time limits, and the processes for building a case.”
Thuto also adds that the medical watchdog (AHPRA) is also undertaking “some focused work around disciplinary actions arising out of cosmetic surgery incidents” which means online resources are available.
“They have set up a dedicated cosmetic surgery hotline and they publish information on their website about how to raise concerns and seek information,” explains Thuto. “This is not necessarily an alternative to a compensation claim, as both avenues can be explored at the same time. It is best to discuss this with your lawyer if claiming compensation.”
Finally, Thuto urges anyone in this position to speak up and considering raising a concern with the Medical Board or relevant health profession regulation board.
Sadly, Thuto says that as cosmetic injectables and procedures rise in popularity, naturally so too do the incidences of medical negligence.
“We have acted in a lot of medical negligence cases involving cosmetic surgery and procedures over the years, and there does seem to be a rise in claims as the treatments become more popular and people become more aware of their rights,” she says.
“There has been quite a bit of media attention on cosmetic surgery lately, which has left more people questioning whether their poor outcome from past treatment might give rise to a right to compensation.”
“Not every poor outcome can lead to compensation, but it is often worth investigating this and talking options through with a lawyer. It is important to act quickly so that time limits do not expire, since most people in the ACT have only three years to bring a claim. The laws on time limits are somewhat complicated, and it is important to get advice specific to the claimant’s circumstances.”
