Cosmetic Surgery and the Law of Negligence: An Infectious Passion for Beauty? The Australian Story

Abstract

This thesis will argue that the regulation of cosmetic surgery in Australia is in serious need of reform. The thesis proposes that the reform should come from the regulation of the industry through professional education, credentialing, practice monitoring, codes of practice and professional discipline. Cosmetic surgery patients are a vulnerable but highly profitable group of patients. Cosmetic surgery is increasingly accepted in Australian society and the last decade’s media coverage in popular magazines and the ability of doctors to self-promote their medical services have seen a revolution in terms of public awareness of the kinds of cosmetic procedures and an increase in demand for them. Currently, there is no requirement to have a particular set of specialised skills and knowledge to claim to be a ‘cosmetic surgeon’ in Australia. Any registered medical practitioner with the basic medical degree, Bachelor of Medicine and Bachelor of Surgery, can call themselves a cosmetic surgeon without any specific surgical training qualifications. This thesis explores the current regulatory framework for cosmetic surgery. It examines the history of cosmetic surgery and current trends in Australia. The thesis also examines the psychosocial well-being of people electing to undergo this form of elective surgery and whether there are some groups of patients who are not able to consent to cosmetic surgery due to mental incapacity. The thesis then addresses how traditional regulatory forms such as the law of negligence and professional discipline regulate the cosmetic surgery industry in Australia. It also analyses the way cosmetic surgeons are currently entitled to advertise their services. Finally, this thesis sets out a series of regulatory reforms which it is argued are necessary for the protection of the public.