Can I Sue My Cosmetic Surgeon for a Botched Procedure in Australia?

Cosmetic surgery can be life-changing—for better or worse. While many procedures are performed safely, others result in long-term physical harm, disfigurement, or emotional trauma. In some cases, those outcomes are the result of medical negligence.

At Reframe Legal, we provide trusted legal information to help individuals understand their rights after a cosmetic procedure has gone wrong. If you’re wondering whether you can take legal action against a cosmetic surgeon in Australia, this article will help you understand the key issues.

What Counts as Negligence in Cosmetic Surgery?

Australian law requires healthcare providers—including cosmetic surgeons—to exercise reasonable care and skill when performing medical procedures.

Negligence may occur when:

• A procedure is performed without proper qualifications or training

• Risks are not clearly explained before the surgery

• The surgical technique is below acceptable medical standards

• Post-operative complications are ignored or mishandled

A poor aesthetic outcome alone is not necessarily negligence. The question is whether the care you received fell below professional standards and whether that caused you harm.

A Real Example: Rhinoplasty Complications and Nerve Damage

Consider this example, based on the types of matters we see described in cosmetic surgery forums and complaints:

A woman undergoes rhinoplasty (a nose reshaping procedure) at a private clinic. The consultation is brief, and no imaging is done to assess bone structure. During surgery, key cartilage support is removed, and the surgeon fails to reconstruct the nasal framework properly.

After the procedure:

• The woman experiences pain, nerve sensitivity, and visible distortion.

• She struggles to breathe through her nose.

• The clinic tells her this is “normal swelling” and advises her not to seek a second opinion.

Later, an independent specialist finds that:

• The surgery was inappropriate given her anatomy

• Pre-operative assessment was inadequate

• She will likely need corrective surgery

If this had happened to you, it may raise legal questions about the adequacy of care and informed consent.

How Do I Know If My Cosmetic Surgery and Follow-Up Care Were Appropriate?

It can be difficult to know whether a cosmetic procedure was truly performed to an acceptable standard—especially when providers downplay complications or suggest you're being overly sensitive. But there are signs that the care you received may not have met expected professional standards.

Here’s what to look for in both the surgery and the aftermath:

Before or During the Procedure – Was the Surgery Planned and Performed Safely?

Ask yourself:

• Did your provider take the time to understand your anatomy and goals?
  For example, in facial procedures like rhinoplasty or facelifts, safe surgery often requires imaging (like CT scans), full photographic assessments, and a proper physical examination. If you were rushed through the process or offered a “one-size-fits-all” plan, that may raise concerns.

• Did you meet the actual surgeon beforehand?
  In Australia, it's not uncommon for patients to meet a clinic coordinator or sales consultant, but not the doctor performing the procedure. Failing to meet and consult with the surgeon prior to the operation may undermine your ability to give proper informed consent.

• Were you told about the full risks and possible complications?
  Risks like scarring, infection, asymmetry, nerve damage, or need for revision surgery should be explained in plain language—not just listed in small print. You should have had the chance to ask questions and receive honest, specific answers.

• Were hygiene and clinical protocols followed?
  If your procedure was performed in a non-accredited facility, or if instruments, sedation, or anaesthesia felt rushed or unmonitored, that may indicate a departure from safe practice.

• Was the provider properly qualified and trained in surgery—not just cosmetic medicine?
  In Australia, the term “cosmetic surgeon” is not a protected title. Some practitioners may not be qualified plastic surgeons or specialists. This matters—especially when complications occur.

After the Procedure – Was the Follow-Up Care Adequate?

What happens after cosmetic surgery is just as important as what happens in the operating room. Inadequate follow-up is a common source of preventable harm.

Be alert to the following warning signs:

• You experienced unexpected pain, swelling, infection, or loss of function—and were told it was “normal.”
  While some discomfort is expected, severe or worsening symptoms should be properly investigated. If a clinic dismisses your concerns without examination, imaging, or referral, that’s not appropriate care.

• You were discouraged from seeking a second opinion.
  If you were told that another doctor “wouldn’t understand,” or that going elsewhere would “void your outcome,” that’s a red flag. Good medical practitioners support informed decisions, including second opinions.

• You couldn’t get access to your medical records or photos.
  Under Australian law, you are entitled to access your health records. If the clinic is evasive or delays access, it may be trying to obscure something.

• You were asked to sign NDAs or avoid leaving reviews.
  Some cosmetic clinics use tactics to prevent negative publicity. While not always unlawful, this can indicate an awareness of risk and poor outcomes.

• You were left with permanent damage—without clear explanation or support.
  If your surgery resulted in visible deformity, functional impairment (e.g. difficulty breathing, numbness, nerve pain), or psychological distress, and you were not offered proper follow-up or corrective options, it’s worth seeking advice.

Bottom Line: Trust Your Lived Experience

If you felt rushed, silenced, or unsupported—and your recovery has been painful or disfiguring—your experience matters. You don’t need to be a medical expert to question whether what happened was appropriate.

At Reframe Legal, we often hear from people who were told “That’s just part of the healing process” or “You signed the form, so it’s your responsibility.” These statements can be misleading—and they can prevent people from getting the help they deserve.

Common Cosmetic Procedures Linked to Negligence

While negligence can occur in many types of cosmetic treatment, common areas of concern include:

• Facial surgery: rhinoplasty, eyelid surgery, facelifts

• Breast augmentation or removal: implant rupture, infection, asymmetry

• Injectables and fillers: tissue damage, blindness, allergic reactions

• Liposuction and body contouring: internal injury, uneven results, scarring

It’s important to understand that any health provider can be held to legal standards, regardless of whether they are called a “cosmetic surgeon,” “cosmetic physician,” or “aesthetic expert.” These titles are not always regulated.

Why Informed Consent Matters

One of the most overlooked legal issues in cosmetic surgery is the quality of informed consent. Patients must be given accurate, complete information to make a real choice about whether to proceed.

This includes:

• An explanation of all material risks

• Information about alternative treatments

• Disclosure of the practitioner’s qualifications and experience

If a provider fails to explain the risks or misrepresents their expertise, it may be grounds for concern—even if a consent form was signed.

What Compensation May Cover in Negligence Claims

In cases where negligence is proven, compensation may include:

• Medical and surgical costs (including revision surgery)

• Pain and suffering

• Psychological injury

• Loss of income

• Reduced quality of life or scarring

Each case depends on its facts. Not all poor outcomes lead to compensation, but the law does recognise the serious impacts of cosmetic negligence—including mental health effects and loss of identity.

What to Do If You Suspect Something Went Wrong

If you feel your cosmetic procedure caused harm, here are some next steps to consider:

1. Keep a written record of your symptoms and timeline.

2. Request your full medical file, including consent documents and post-op reports.

3. Take photographs of any scarring or changes.

4. Seek an independent medical opinion if you’re concerned.

5. Speak with a qualified legal professional for guidance.

You do not need to be sure you have a case before seeking help. A free or low-cost consultation may clarify your options.

Reframe Legal’s Role

Reframe Legal is an independent legal information resource. We do not provide legal services or take on cases. However, we aim to empower people with:

• Plain-English explanations of legal concepts

• Insight into patterns of healthcare harm

• Tools to help you understand your rights

If you’re thinking about taking legal action after cosmetic surgery, we recommend contacting a lawyer experienced in medical negligence or cosmetic injury claims.