You expected a change — a few hours in surgery, a few weeks of recovery, and a boost in confidence. But instead of the result you hoped for, you’re left with pain, scarring, or an appearance far from what was promised.
Whether it’s a rhinoplasty that made breathing harder or face fillers gone wrong, it’s natural to wonder — can you take legal action?
In Queensland, the answer may be yes — if your injury resulted from medical negligence. But when does a cosmetic procedure actually amount to negligence?
A booming industry
Cosmetic surgery is bigger than ever. In 2024 alone, an estimated 17.4 million procedures were performed worldwide — and by 2032, the global market for surgical cosmetic treatments is expected to exceed USD 182 billion, according to Statista.
Here in Australia, the trend is just as strong. The Australian College of Cosmetic Surgery and Medicine reports that Australians spend over $1 billion each year on around 500,000 cosmetic procedures.
The five most popular surgeries are:
- Rhinoplasty (nose surgery)
- Breast augmentation
- Blepharoplasty (eyelift)
- Rhytidectomy (facelift)
- Liposuction (lipoplasty)
Fuelled by social media, celebrity culture, and easy financing, the industry has exploded — but not without consequences. Recent investigations have uncovered unsafe practices, misleading advertising, and unqualified practitioners performing complex surgeries.
When standards of care fall short, the results can be devastating. In 2024, a New South Wales class action over breast augmentation surgeries led to a $25 million payout — a stark reminder that cosmetic procedures can cross into medical negligence when patients suffer avoidable harm.
What counts as negligence in cosmetic surgery?
Under Queensland’s Civil Liability Act 2003 (CLA), medical negligence occurs when a healthcare professional fails to meet the standard of care expected of a reasonably competent practitioner in similar circumstances.
But it’s not about guaranteeing perfect results. It’s about whether your surgeon acted competently and took reasonable care at every step — from your first consultation to recovery.
How negligence can happen
Negligence can occur before, during, or after surgery. Common examples include:
- Pre-operative failures: Not taking proper medical history, skipping essential tests, or rushing through consultations.
- Surgical errors: Poor technique, using incorrect implant sizes, damaging nerves or blood vessels, or failing to maintain sterile conditions.
- Post-operative failures: Ignoring complications, not providing follow-up care, or abandoning patients once things go wrong.
Your surgeon’s duty of care doesn’t end when you leave the operating room — it extends through recovery.
Proving negligence: What you’ll need
To succeed in a cosmetic surgery negligence claim in Queensland, four key elements must be proven:
- Duty of care: The surgeon–patient relationship automatically creates this duty.
- Breach of duty: The surgeon failed to act as a competent professional would. Expert evidence is crucial here.
- Causation: You must show that the negligence caused your injury — not just that the surgery had a bad outcome.
- Damage: Physical, psychological, or financial harm must be proven.
Keep all medical records, bills, and photos of your injuries or results. They’re vital in establishing your case.
Compensation you can claim
Compensation aims to restore you to the position you’d be in if the negligence hadn’t happened. In botched cosmetic surgery claims, damages fall into two categories:
1. Economic loss
- Medical and hospital costs (including revision surgeries)
- Future treatment and rehabilitation
- Lost wages or reduced earning capacity
- Domestic help (paid or unpaid care)
2. Non-economic loss
- Pain and suffering
- Psychological injury (like anxiety, depression, or loss of confidence)
- Loss of enjoyment of life
Under the CLA, compensation for pain and suffering is assessed using an injury scale value (ISV) system. ISVs range from 0 to 100, where:
- 0 means there is no injury serious enough to get any compensation
- 100 represents the most severe injury imaginable.
The ISV is used to decide how much general damages you can receive.
Informed consent — A crucial issue
Informed consent is one of the biggest legal issues in cosmetic surgery claims.
Signing a form isn’t enough. Under section 21 of the CLA, and consistent with the Rogers v Whitaker and Chappel v Hart principles, doctors must:
- the risks a reasonable person would need to know to make a decision.
- any information the patient specifically asks for or would likely want to know.
This means your surgeon must:
- explain all material risks;
- alternative options; and
- and realistic outcomes in a way you can understand.
If your surgeon failed to warn you of key risks or overpromised results, and you can show you wouldn’t have gone ahead had you known the truth, that can form the basis of a claim — even if the surgery was performed “competently.”
Advertising counts too
Misleading before-and-after photos or exaggerated claims in ads can also support a negligence case. If marketing materials suggested results that were unrealistic for your body type or medical situation, that may breach consumer and professional standards.
Time limits for cosmetic surgery claims in Queensland
Under the Limitation of Actions Act 1974 (Qld) (LAA), you generally have 3 years from the date of the injury to start your claim.
This can be tricky because complications often appear slowly — or surgeons may reassure you that issues will “settle.” The time limit usually starts when you realise something’s wrong and that negligence may be to blame.
There are exceptions:
- Minors: The 3-year limitation period does not commence until you turn 18, meaning you have until your 21st birthday to commence proceedings
- People with impaired capacity: The clock may pause.
- Court extensions: Under section 31 of LAA, the court can extend the time limit if you discover a crucial fact about your case late in the process. Specifically:
- You must have discovered this important fact in the final year of your 3-year limit (or even after it expired)
- You must show you couldn’t have reasonably discovered it earlier
- There must be evidence your claim has merit
- The court will consider whether it’s fair to both sides
But don’t wait. Delay can destroy your right to claim, even if negligence is clear. Early legal advice helps preserve evidence and meet strict procedural steps.
Proving your case — What helps most
Strong cosmetic surgery claims rely on evidence. Key materials include:
- Medical records: Medical records: Consultation notes, operative reports, test results, and consent forms. You can get records from public hospitals under the Information Privacy Act 2009 (Qld) or through hospital access programs. Records from private providers are covered by the Privacy Act 1988 (Cth).
- Photos: Before-and-after images, or recovery progress shots taken under consistent lighting.
- Expert opinions: Independent specialists can confirm whether your surgeon breached professional standards.
- Witness statements: Family, friends, or colleagues can describe changes in your health, mood, or ability to work.
Each piece builds a picture of how negligence has impacted your life — physically, mentally, and financially.
Case highlight
In Raad & Ors v The Cosmetic Institute Pty Limited & Ors [2024] NSWSC 650, the Court approved a $25 million settlement for more than 1,000 women who underwent breast augmentation surgery at The Cosmetic Institute between 2007 and 2017.
What happened
The clinic was accused of:
- using the same surgical technique on nearly all patients regardless of individual patient anatomy;
- alleged inadequate infection control procedures and failure to properly inform patients of risks.
Some patients reportedly suffered serious complications.
The court’s decision
Justice Weinstein approved the settlement, citing significant litigation risks: the clinics were in liquidation, insurers denied coverage, and limitation issues threatened many claims. Even a full trial win could have delayed compensation for years. The court said the settlement offered the best realistic outcome for the group.
The settlement
- $15 million for damages
- $8.9 million for legal costs
- $1.1 million for administration
What it means for patients
- Settlements often prioritise certainty over lengthy litigation.
- Compensation depends on injury severity and available funds.
- Insurance and limitation issues can substantially reduce payouts.
While the amounts were modest, the settlement delivered closure and compensation to women who might otherwise have received nothing.
Common defences and how to overcome them
Being on the insurer’s side before, we’ve seen surgeons and insurers argue that:
- Complications were a known risk, not negligence.
- You didn’t follow post-op instructions.
- You’re just unhappy with the cosmetic result.
That’s why expert evidence is key. An independent surgeon can explain whether your outcome was within the “acceptable range” or whether it clearly indicates poor technique or planning.
Even if patient factors (like smoking or diabetes) contributed, your surgeon may still be liable if they failed to assess or warn you about those risks.
We champion everyday Queenslanders
Cosmetic surgery’s booming — but behind the glossy ads and “before-and-after” reels are stories of pain, infection, and broken promises.
When a trusted surgeon cuts corners, you’re the one left to carry the scars. That’s where we come in.
At accident legal, we don’t tiptoe around tough cases — we wade right in, boots and all. Our experienced Medical Negligence Lawyers have seen it all: clinics hiding evidence, insurers stalling, and patients walking away defeated. Not on our watch.
We dig, document, and fight — from your first call to your final cheque. We’ll come to you — at home, in hospital, wherever you’re healing — and keep your treatment rolling while we take on the insurer. You’ll always have a direct line to your lawyer, day or night. And with our no win no fee promise, you risk nothing to take your power back.
Because your story isn’t over — it’s just time someone fought for your next chapter.
Contact us today or meet with one of our expert personal injury lawyers near you:
- Noosa personal injury lawyers
- Gold Coast personal injury lawyers
- Brisbane personal injury lawyers
- Logan personal injury lawyers
- Maroochydore personal injury lawyers
- Rockhampton personal injury lawyers
- Toowoomba personal injury lawyers
- Ipswich personal injury lawyers
- Townsville personal injury lawyers
- Cairns personal injury lawyers
- Bundaberg personal injury lawyers
