Two recent cases reported in the media provide a reminder of the vigilance required when seeking out and undergoing cosmetic treatment. Despite increased regulation and updated cosmetic surgery practice guidelines introduced by AHPRA, there are still clinics and doctors operating in a manner that is unsafe and causing harm to patients.
Interim Prohibition Order – Fresh Cosmetic Clinic Sydney
Following receipt of multiple complaints, the NSW Health Care Complaints Commission (HCCC) recently executed a search warrant at Fresh Cosmetic Clinic Sydney (also known as Blissful), located at Suite 602, Level 6, 630 George Street, Sydney. This action on 16 October 2024 led to the discovery of several concerning violations of healthcare standards, including invasive cosmetic procedures being performed by unregistered individuals. At law, certain procedures, including botulinum toxin and dermal filler injections, must only be conducted by registered health practitioners due to significant health risks.
Among the violations identified were the use of expired medications and the improper display of certificates from registered practitioners who did not actually work at the clinic. This misrepresentation led clients to believe they were being treated by certified health professionals, creating an unsafe environment for those undergoing potentially risky cosmetic procedures.
On 30 October 2024, the HCCC issued an Interim Prohibition Order against Fresh Cosmetic Clinic, effectively stopping all health services at the facility for eight weeks to ensure public safety while investigations continue. The South Eastern Sydney Local Health District Public Health Unit has warned that infection control breaches in the clinic may have exposed clients to blood-borne viruses such as hepatitis B, hepatitis C, and HIV. NSW Health is urging patients who have received injections or any invasive procedure (such as breast implants, facial or nasal line carving) at the clinic to contact their GP and ask to be tested for blood-borne viruses.
The HCCC is advising consumers of cosmetic procedures to always verify that their practitioners are registered. This can be done easily through the Australian Health Practitioner Regulation Agency (AHPRA) website. Ensuring your practitioner is certified helps avoid the risks posed by unqualified and potentially unsafe treatment providers.
What Should Clients of Fresh Cosmetic Clinic Sydney Do?
The Interim Prohibition Order prevents Fresh Cosmetic Clinic from offering any health services, and clients should contact the HCCC at [email protected] if they have concerns about their care. Additionally, those who have received injections or invasive treatments are advised to consult their GP about blood-borne virus testing.
For future procedures, it is essential to check that any cosmetic service provider is registered through the Australian Health Practitioner Regulation Agency (AHPRA) website. This provides confirmation that the individual performing the procedure is a certified practitioner and accountable to regulatory standards, helping ensure safer and more reliable care.
Health Care Complaints Commission v Amjadi [2024] NSWCATOD 167
The HCCC recently prosecuted a complaint against Dr Mahyar Amjadi, plastic surgeon, for treatment that occurred between February 2017 and December 2019, before the NSW Civil & Administrative Tribunal (NCAT).
It was alleged that during that period, Dr Mahya Amjadi:
- Failed to obtain informed consent from three patients prior to surgeries.
- Failed to conduct adequate pre-operative assessments on three patients prior to surgeries.
- Performed revision surgeries on a patient without obtaining the advice and assistance of a more experienced colleague.
- Inappropriately performed a surgery on a patient who was four months postpartum when this was contrary to clinically accepted practice.
- Failed to conduct physical examinations of two patients prior to their admissions for surgeries.
- Failed to conduct a physical examination of a patient until one day prior to their surgery.
- Failed to conduct a further physical examination of a patient prior to their admission for revision surgery.
- During surgery caused damage to a patient’s pancreas, liver, and spleen with a liposuction cannular.
- During surgery inappropriately removed excessive skin from a patient’s right arm.
- Inappropriately performed scar revision surgery on a patient when this was not clinically indicated and where the revision surgery had a strong possibility of resulting in wound healing complications.
- Failed to take adequate medical records in relation to six patients.
The tribunal found the alleged conduct proven and that Dr Amjadi had failed to meet the expected standards in several areas of patient care. Dr Amjadi was found guilty of unsatisfactory conduct and professional misconduct. The matter is before the tribunal again on 12 and 13 November 2024 for protective orders.
The case highlights the ongoing concern about the standard of care provided by some practitioners in the cosmetic industry.
How The Law Office of Conrad Curry Can Help
If you have experienced adverse effects from a cosmetic procedure or have concerns about the quality of care received at a clinic, The Law Office of Conrad Curry can assist you. Our team specialises in medical negligence and health law and can guide you in understanding your rights, seeking fair compensation, and holding practitioners accountable. We’re here to help ensure that your experiences are appropriately addressed and that you receive the support you need. Contact us today for a confidential consultation.
DISCLAIMER
This article reflects the current law at the time of publication. It is intended for informational purposes only and does not constitute legal advice. The actual decisions in each case are summarised for general understanding. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.
