Call Us Today
If you’ve been left with a cosmetic surgery injury such as scarring, nerve damage, a botched result, or something worse, you may be entitled to compensation. Not every disappointing outcome counts as negligence, but if your practitioner failed to meet the standard of care you were owed, you likely have a claim.
Here’s what needs to be proven, what’s changed in the regulations, and how long you’ve got to act in Victoria.
Key Insights
- Yes, you can sue for a cosmetic surgery injury if you can show your practitioner breached their duty of care and that breach caused you harm. Simple dissatisfaction with results isn’t enough on its own.
- New Ahpra guidelines for non-surgical cosmetic procedures (Botox, fillers, laser treatments) took effect on 2 September 2025, tightening training requirements and advertising rules.
- Time limits apply. In Victoria, you generally have 3 years from when you discover the injury to bring a claim, with a 12-year long-stop.
- Compensation can cover corrective treatment, lost income, and pain and suffering, provided you meet the relevant injury threshold.
- Get advice early. Evidence and expert reports are easier to gather the sooner you act.
What Counts as a Cosmetic Surgery Injury?
Every procedure carries some risk, and your practitioner should have walked you through this before you consented. A cosmetic surgery injury is different from an outcome you’re simply unhappy with. It refers to avoidable harm caused by a practitioner falling short of accepted professional standards.
Examples we see regularly include:
- Excessive scarring or visible disfigurement
- Nerve damage affecting movement or sensation
- Infections that went undiagnosed or poorly managed after surgery
- Anaesthesia errors
- Damage caused by unqualified or under-trained practitioners performing higher-risk procedures
This applies to surgical procedures like breast augmentation, rhinoplasty and abdominoplasty, and to non-surgical treatments such as injectables and laser resurfacing. A treatment doesn’t need to involve a scalpel for negligence to occur.
New Rules for Practitioners – What Changed in 2025
The regulatory picture has shifted since the last round of Medical Board reforms. From 2 September 2025, new guidelines came into effect for registered health practitioners performing and advertising non-surgical cosmetic procedures, with many practitioners now needing further training before expanding into this area. Nurses, for instance, are now required to complete a set period of practice before offering treatments like cosmetic injections, and practitioners must ensure they’re adequately trained to perform procedures safely.
The advertising rules tightened, too. Ads for higher-risk procedures must now use real, unedited images, carry a warning that results vary between patients, and can no longer feature social media influencer testimonials. There’s also a mandatory seven-day cooling-off period for anyone under 18 considering a non-surgical procedure.
These changes raise the bar for practitioners, but they don’t retrospectively fix harm already done. If you were injured under the old standards, your rights to pursue a cosmetic surgery negligence claim aren’t affected.
What You Need to Prove
To succeed in a claim for compensation for cosmetic surgery, four elements generally need to be established:
- Duty of care: You were a patient of the practitioner, who owed you the standard of care expected in the circumstances.
- Breach of that duty: The practitioner’s conduct fell below what a reasonably competent, similarly qualified practitioner would have done.
- Causation: The breach actually caused your injury. This is often the hardest element to prove and usually needs independent expert medical evidence.
- Damage: You suffered a genuine loss, whether physical, psychological, or financial.
Where these elements are met, you may be able to claim for medical and corrective treatment costs, lost income, and (if your injury meets the relevant threshold under Victorian law) damages for pain and suffering.
Time Limits for Victorian Claims
Under the Limitation of Actions Act 1958 (Vic), a claim generally must be brought within 3 years of the date you discover the injury, or 12 years from the act that caused it, whichever comes first. Because complications from cosmetic procedures can take time to surface, “discovery” isn’t always the date of surgery, but the date you knew, or ought reasonably to have known, that you’d been harmed by negligence. Courts can extend these periods in some circumstances, but it’s not guaranteed, so it’s worth getting advice sooner rather than later.
How Our Surgery Negligence Lawyers Can Help
Cosmetic surgery negligence claims are technical. They hinge on expert medical evidence and a clear-eyed read of what “acceptable practice” looked like at the time you were treated. Our surgery negligence lawyers review that evidence with you on a no-obligation basis, so you understand where you stand before committing to anything.
If a cosmetic procedure has left you injured, get in touch with our compensation lawyers for a free, no-obligation consultation. We act for clients across Melbourne and Victoria, and there’s no cost to find out where you stand.
This article provides general information only and isn’t a substitute for personalised legal advice. Every claim depends on its specific facts, and outcomes can’t be guaranteed. If you’ve been injured by a cosmetic procedure, speak with a qualified lawyer about your individual circumstances.
