What to Do if You Have a Botched Beauty Procedure

What if I am not happy with cosmetic surgery?

If you are not happy with the result of a cosmetic procedure, here are a few things that you could do:

1. Contact your surgeon about any complications or healing concerns: You should make sure that your surgeon is aware of any concerns that you have about your procedure. Make an appointment with your surgeon to give your surgeon the opportunity to review you and provide you with any treatment that may be necessary. This is particularly important if you develop complications during the first few weeks after a cosmetic procedure. Review by your surgeon will result in prompt diagnosis and treatment of any complications. Often, if post-operative complications are promptly identified and appropriately treated, a satisfactory result can still be achieved.
2. Allow adequate time for healing: If your post-operative recovery is uneventful and free of complications, allow yourself adequate time to heal. Healing can significantly impact the result of cosmetic surgery. For example, in some cosmetic procedures, some bruising and swelling are to be expected. Swelling may cause asymmetry but may completely resolve once you have healed. As indicated above, if you have any medical concerns after the procedure, arrange urgent review with your surgeon to ensure you are not suffering from post-operative complications.
3. Contact your surgeon for advice on treatment and clarification: If you are unhappy with the final result of a cosmetic procedure, discuss your concerns with your surgeon and seek clarification as to the reasons that the procedure did not achieve the desired outcome. Speak with your surgeon about treatment options, such as surgical revision, and the likelihood of potential treatments achieving the results you desire. You can ask your surgeon to cover the costs of future treatments. If you are not satisfied with your surgeon’s explanation and have lost confidence in that doctor, it is usually best to seek a second opinion.
4. Seek a Second Opinion: If you do not wish to return to see your surgeon, consult with your GP. Your GP will be able to examine you and refer you to a cosmetic surgeon. You can check the accreditation and registration status of this surgeon on the Australian Health Practitioner Regulation Agency. Ask this surgeon about his or her experience with your specific procedure and treatment options. It is preferable to be under the care of a surgeon that specialises in your procedure. The focus of your appointment should be understanding your treatment options so that you can improve your chances of achieving a good cosmetic result, but it is important to ask this surgeon about the reasons that the first procedure did not yield the desired outcome. Answers are likely to give you some closure and an indication if your poor outcome is the result of poor care and treatment by your first surgeon.
5. Considering Legal Action: If you suspect that your poor surgical outcome was caused by negligence, arrange a consultation with a medical negligence specialist, who will assess the circumstances of your treatment and advise you of your legal rights and entitlements.

What should you do if you have a botched procedure?

Immediately book an appointment with your general practitioner, who can provide further advice on how best to treat your injuries. Taking care of your health is paramount – you need to get medical treatment for the damage and any pain management should you have ongoing pain from the treatment.

Once you have obtained the necessary medical attention and believe your injuries result from the clinic’s negligence, you may be entitled to make a claim.

A public liability claim if the cosmetic injector fails to provide adequate and correct advice fails to provide appropriate treatment or fails to warn you of the risks associated with the treatment.

To make a successful claim, you must prove that the cosmetic clinic’s actions breach their duty of care to you.   Because of their negligence, you have sustained an injury that could have been avoided if care and skill had been exercised.

You may be entitled to recover damages for past and future economic loss, past and future medical expenses, domestic assistance, and pain and suffering if you successfully make a claim.

What is the riskiest cosmetic procedure?

Most, if not all, surgical procedures are associated with risks and complications, including the risks of scarring, anaesthesia and infection. Surgical risks and complications vary from one procedure to another and are influenced by factors, such as the general state of your health, surgical technique and level of communication.

Effective and clear communication of your desired outcome prior to undergoing a cosmetic procedure is particularly important to maximise the success of that cosmetic procedure. This is because beauty standards and expectations have a subjective element. For example, what you may consider to be a good aesthetic outcome might not be the same as what your surgeon considers to be a good aesthetic outcome. Make sure you explain to your surgeon the specific result that you desire and be certain that you surgeon completely understands the result that you want to achieve before scheduling your procedure.

Your surgeon will provide you with a consent form prior to your procedure. Make sure you carefully read the consent form and ask your surgeon any questions that you may have prior to undergoing the procedure. It is imperative that you are fully informed of the potential risks and complications of your planned cosmetic procedure and that you have a comprehensive discussion with your surgeon about those risks and potential treatment options if those risks materialise.

How do you deal with botched surgery?

1. If you are unhappy with the result of your cosmetic procedure and suspect it stems from negligence, we recommend that you take the following steps:
   Do not rush into surgical revision: Although we are unable to give you medical advice, it is important that you do not rush into surgical treatments to correct a poor cosmetic surgical result. Some patients return to the same surgeon and have revision procedures under the care of that surgeon because the procedures are offered free of charge. Whilst we understand the incentive here, if you have lost confidence in your surgeon, you should seriously consider deferring surgical revisions until you come under the care of a surgeon that you can trust.
2. Prepare any relevant documentation: Collate any information or documents that you may have in relation to your procedure such as information booklets about the procedure, hospital discharge summary documents, consent form, letters of referral, or post-operative instructions from your surgeon.
3. Consult a specialist medical negligence lawyer: It is prudent that you discuss your circumstances with a lawyer as soon as possible. A lawyer will be able to identify any shortfalls in your care and treatment by your surgeon and give you information in relation to your legal rights and other avenues that may be available to you.
4. Submit a complaint to the HCCC: It is open to you to approach the Healthcare Complaints Commission of NSW (the ‘HCCC’) to submit a complaint about your treatment. It is highly likely that your surgeon will decline to continue to treat you if you submit a complaint to the HCCC. So do not submit a complaint to the HCCC about your surgeon if you wish to remain under the care of your surgeon.

Remember, the purpose of this information is to provide you with some general guidance. This information is not a substitute for professional medical or legal advice.

Thank you for reading our article. We hope it helped your understanding on what to do if you have a botched beauty procedure . Should you have any further questions, please contact our office at (02) 8329 9500 or complete a free case assessment here.