Cosmetic surgery information sheet
More people in Australia are turning to cosmetic surgery and cosmetic procedures. Unfortunately, there is also an increasing number of injuries arising from these procedures.
In this information sheet we outline the important difference between plastic surgery and cosmetic surgery, current regulations and reforms, how to minimise risks of complications or botched cosmetic surgery and cosmetic procedures, and how a health and medical lawyer can help you if something goes wrong with your cosmetic surgery or cosmetic procedure.
Information on cosmetic surgery in NSW and Australia
In recent years, the Australian cosmetic medicine industry has grown to be worth billions of dollars. More than 500,000 cosmetic procedures are performed in Australia each year, making it more popular per capita than the United States.
The demand for cosmetic surgery shows no signs of slowing down. According to the Australasian College of Cosmetic Surgery and Medicine almost seven million Australians, or 38% of the adult population, are considering undergoing cosmetic surgery in the next 10 years.
What is the difference between cosmetic surgery and plastic surgery?
There are important differences between cosmetic surgery and plastic surgery in terms of who can perform such surgeries, the level of qualifications and training of practitioners and their respective regulation.
Cosmetic surgery is elective rather than medically necessary. It focuses on aesthetic improvements to parts of the body that are already functioning well. Plastic surgery is usually performed in medically necessary cases such as burns, cleft palate, breast reconstructions and hand surgery.
The Medical Board of Australia recognises plastic surgery as a medical specialty. It does not recognise cosmetic medicine (cosmetic surgery and cosmetic procedures) as a medical specialty.
Recent reforms have prohibited the use of the term ‘cosmetic surgeon’, however, any doctor with a basic medical degree can still perform certain types of surgery which are of a cosmetic nature. Plastic surgeons undertake and pass postgraduate Surgical Education and Training program, provided by the Royal Australasian College of Surgeons, with ongoing training and assessment to maintain their specialist medical credentials.
Types of cosmetic surgery and cosmetic procedures
Cosmetic procedures include:
- rhinoplasty (nose jobs)
- rhytidectomy (facelifts)
- blepharoplasty (eyelifts)
- abdominoplasty (tummy tucks)
- liposuction
- breast lifts, breast enlargement and breast reduction
- platysmaplasty (neck and chin surgery)
- brachioplasty (arm lift surgery)
- gluteal lift (Brazilian butt lifts)
- genital surgery (labiaplasty or phalloplasty)
- Anti-wrinkle injections and cosmetic fillers
- weight loss surgery
- dental procedures.
More Australian women have cosmetic surgery and cosmetic procedures than men. Men are more likely to have cosmetic surgery on their face while women have cosmetic on their face and bodies.
Is cosmetic surgery safe? Risks of cosmetic surgery
All surgery carries risks. Complications in cosmetic surgery and procedures are common and a good surgical outcome often depends on the surgeon.
Common risks associated with cosmetic surgery are:
- Numbness – temporary loss of feeling at the site of the incision is not unusual after tummy tucks or facelifts although it is most prevalent in breast surgery.
- Necrosis – or tissue death is a result of the blood supply being cut by the scalpel. The risk of necrosis is significantly higher for smokers because smoking adversely affects the blood supply to the tissues.
- Nerve injury – while the risk of nerve injury is low and may only eventuate with a surgical mistake, damage to facial nerves may be permanent and devastating.
- Infection – depending on where the surgery is performed, infection is a risk particularly for surgeries performed outside of a sterile hospital environment.
- Death – respiratory failure, often due to problems with anaesthesia, is a rare but real complication of cosmetic surgery.
How to reduce the risk of complications in botched cosmetic surgery or procedures?
- Choose your surgeon or cosmetic practitioner carefully
Consult and choose a specialist plastic surgeon rather than a cosmetic surgeon or doctor to perform your cosmetic surgery. In Australia you must now obtain a referral from a GP or non-cosmetic medical specialist to have cosmetic surgery but not if you are having a cosmetic procedure.
You can check the Australian Health Practitioner Regulation Agency (AHPRA) website to see whether a registered medical practitioner has specialist registration and if there are any conditions on their practice. The Australian Society of Plastic Surgeons can assist with identifying a specialist – phone 1300 367 446 or visit their website.
Ask other people about their experience with your surgeon or cosmetic procedure provider. Online reviews, social media posts and media articles are another way to gauge their reputation and expertise, but it is important to note that these cannot be verified as accurate.
Have a list of questions for whomever is conducting your cosmetic surgery or cosmetic procedure. Ask them about:
- their qualifications and training
- their level of experience – how many times have they performed your surgery or procedure and what is their complication rate
- the risks of the procedure and how they will minimise them.
- Have your cosmetic surgery in a safe location
In NSW, the Department of Health requires certain cosmetic procedures to be performed at a licensed private health facility or public hospital. Check the list here.
Ensure there are registered nurses and an anaesthetist on hand in case anything goes wrong. If your doctor chooses to perform surgery in private rooms, be aware of the standards of equipment and infection control, which may be inferior to that available in a hospital.
- Have access to post operative care
Be clear about the level of aftercare provided by your cosmetic surgeon and where to seek medical help if you need it.
Regulation of cosmetic surgery and cosmetic procedures in NSW and Australia
Australian and state governments have been introducing much needed reforms to the cosmetic surgery industry and its regulation. Reforms have been piecemeal and slow to keep up with the growth of the industry.
- In 2017 NSW Health required facilities that carry out certain cosmetic surgical procedures be subject to the same licensing standards of private health facilities.
- In 2022 the Australian government conducted an independent review of the regulation of medical practitioners who perform cosmetic surgery.
- In July 2023 new Medical Board of Australia and Australian Health Practitioner Regulation Agency Guidelines for Registered Medical Practitioners who Perform Cosmetic Surgery and Procedures came into effect. They require patients to obtain a GP referral for certain types of cosmetic surgery and outline stronger industry standards for advertising, accreditation of premises and patient assessment.
- In September 2023 new Australian laws were passed to ensure a medical practitioner can only use the title of ‘surgeon’ (including ‘cosmetic surgeon’) if they are registered and completed training as a registered specialist in surgery, ophthalmology, obstetrics or gynaecology.
- In December 2023 new National Safety and Quality Cosmetic Surgery Standards (Cosmetic Surgery Standards) came into effect.
How Catherine Henry Lawyers can help if something goes wrong with your cosmetic surgery or procedure
For more than 30 years, our firm and its lawyers have been successfully helping clients to make a complaint or run a negligence or medical malpractice claim for their cosmetic surgery experience. If you have been physically or mentally injured after undergoing cosmetic surgery, you may be entitled to compensation.
Why choose Catherine Henry Lawyers for your cosmetic surgery complaint or negligence case?
- Our lawyers are expert, highly experienced, and caring. We have helped hundreds of clients to make complaints about their cosmetic surgery or successfully settle cases of medical negligence. We have worked on many cases of medical negligence for cosmetic surgeons Les Blackstock, Daniel Lanzer and Daniel Aranov, women from across Australia, including capital cities, have chosen our firm to represent them.
- Catherine Henry Lawyers is a leading health law team in regional NSW. We have a 100% success rate in medical negligence cases that we take on. Our firm and lawyers are consistently recognised in the prestigious Doyles Guide list of top medical negligence plaintiff firms and lawyers in NSW.
- For cosmetic surgery medical negligence claims and cases, we operate on a no win, no fee basis.
- Our in-house nurse consultants review medical records and help our health and medical negligence lawyers to quickly assess if there is a case for medical negligence and on what grounds. Our team knows what the clinical practice should have been and the right questions to ask to establish liability.
Contact us
If you are looking for information or assistance in relation to failed cosmetic surgery and cosmetic procedures, we can help you navigate the process. Contact us today on 1800 874 949 or via our website for a confidential, no obligation discussion about your experience and options.
*The material provided in our information sheets is for general knowledge only and is not a substitute for independent legal advice. For further information about the issues affecting you, please contact one of our experienced and professional lawyers for expert advice.