After years of operating in an essentially unregulated industry, we are finally seeing changes to the regulation of the doctors practicing in the cosmetic industry. Botox and injectables are now front and centre of the much needed “cosmetic industry crackdown” as AHPRA extends its focus to include “non-surgical cosmetic procedures”.
Over the years there has been countless articles in the media reporting on rogue doctors and clinics including Les Blackstock who allegedly left a number of his patients physically and emotionally scarred, Daniel Lanzer who resigned “amid an investigation into his conduct and performance by the national medical regulator” and The Cosmetic Institute who advertised “boob jobs for cost of a coffee a day” and is now the subject of an ongoing class action – just to name a few.
We have acted for many clients who have had terrible outcomes in relation to their cosmetic surgery or procedure. Sadly, at the centre of the legal cases are women who have been seriously misled and have often sustained severe physical and psychological injuries as a result of their poor treatment and care.
In April 2023, AHPRA announced that doctors who perform cosmetic surgery had 3 months to “clean up” their advertising and become familiar with new guidelines that were announced by the Medical Board of Australia and the Australian Health Practitioner Regulation Agency (AHPRA). Under these new reforms:
- Patients seeking cosmetic surgery require a referral from their GP.
- There are strict advertising requirements including that advertising must not be false, misleading or deceptive, offer discounts without terms and conditions, use testimonials, create unreasonable expectation of beneficial treatment or encourage indiscriminate use.
- Clear information about risks and recovery must be easily found.
- Videos and images must be used responsibly and not for entertainment.
- The use of negative body language is banned.
- Cosmetic surgery advertising must be identified as adult content.
There is now also a focus on fillers, Botox and other procedures.
It has been reported that in the last 18 months there have been several complaints from people who have suffered serious harm including significant burns, adverse reactions and serious infections as a result of procedures such as Botox injections, fillers, fat dissolving injections and thread lifts.
Nine news reports that, “one women reported to AHPRA that she had suffered an infection in her cheek following a botched cosmetic thread lift. Her face became so infected that she needed surgery to remove an abscess and a second surgery to fix her appearance”.
The new guidelines are expected to include a stronger focus on “informed consent, pre-procedure consultation and patient suitability assessments”. Advertising will also be part of the focus of the new guidelines, including “before and after photos” and “the use of testimonials and claims about the expertise of practitioners”.
Our medical negligence solicitors are experienced in cosmetic surgery claims and understand the sensitive nature of these cases. If you or someone you know, has suffered a “botched” outcome of a cosmetic procedure, please contact us to discuss your legal rights as you may be entitled to compensation.
