Plastic & Cosmetic Surgery Claims

Plastic and Cosmetic Surgery Claims

Plastic surgery can be defined as the treatment a patient undertakes to redefine a structure or appearance of a part of the body for either cosmetic reasons or as the result of an injury. During this process the surgeon aims to develop an outcome for the patient that is both functional and desirable. Unfortunately, not all plastic and cosmetic procedures go to plan, and in some circumstances the patient can experience severe side effects and permanent damage.

ARE YOU ELIGIBLE
TO MAKE A CLAIM?

If you have suffered an injury, loss or damage as a result of the negligent plastic or cosmetic treatment provided by a health care provider you may be entitled to a claim for damages.

A poor outcome resulting from your treatment does not in itself establish an entitlement to claim. What needs to be proven is that your treatment was provided in a negligent manner and that the treatment provider breached their duty of care to you.

WHY ARE BRYDEN’S LAWYERS THE RIGHT REPRESENTATION FOR YOU?

Brydens Lawyers are the experts in the prosecution of plastic and cosmetic surgery medical negligence cases with a dedicated medical negligence department and panel of medical experts available to give evidence in court against doctors, hospitals or other health care practitioners who have been negligent in the treatment of their patients.

Brydens Lawyers specialise in reviewing medical records, liaising with medical experts and explaining complicated legal and medical issues to our clients in a way that they will understand. This is to ensure that clients of Brydens Lawyers are kept fully and properly informed every step of the way so that they can understand the process and what is involved in the bringing of a successful medical negligence claim.

Brydens Lawyers operates as a ‘No Win – No Fee”, policy which, simply put, provides that if a personal injury or compensation client is unsuccessful in their claim then Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. That is, if the claim is unsuccessful we do not get paid. More information about how this works can be found on our No Win – No Fee page.

WHAT ARE YOU
ABLE TO CLAIM?

The types of damages available in medical negligence claims can include:

  • •Non-economic loss which includes damages for pain and suffering;
    • Past and future medical expenses and out of pocket expenses;
    • Loss of income and any damage done to your ability to earn an income in the future;
    • Past and future loss of superannuation benefits;
    • Past and future paid services such as home cleaning or nursing assistance;
    • The value of services provided to you by family and friends without charge;
    • Past and future medical aids and equipment such as wheelchairs;
    • Home modifications such as those required to make a home wheelchair accessible;
    • Vehicle modifications;
    • Additional costs incurred in connection with continuing disabilities, for example, additional cost of holidays due to special needs;
    • A contribution towards your legal costs and disbursements.

Damages are very specific to each individual’s situation and assessing your claim for damages will be a central part of the service provided to you by our medical negligence team.

WHEN SHOULD YOU CONSULT A LAWYER ABOUT MAKING A CLAIM?

If you have suffered from any form of medical negligence then you need to engage proper legal advice and representation. There are strict time limits around lodging a medical negligence claim, so even if your treatment is ongoing, you must consult a legal representative early to ensure your claim is lodged within the allowed timeframe.

WE DO MEDICAL INJURIES LAW WELL. HERE ARE SOME EXAMPLES:

• Our client had been receiving cosmetic filler injections to her face for several years with the same practitioner. She developed an infection which was ignored on several occasions by her practitioner despite our client’s concerns. She has been left with significant scarring and disfigurement as a result. She is entitled to claim for her pain and suffering, past and future medical expenses and her past and future loss of income.

• Our client required a revision rhinoplasty following an assault. The surgeon chose an inappropriate donor site for the harvest of cartilage for grafting resulting in cosmetic deformities. She was entitled to claim for pain and suffering, past and future medical expenses and past and future loss of income.

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