March 27, 2024 • 46 mins
Join us for this special episode of Law Matters, where three former clients of Catherine Henry Lawyers discuss their experiences with botched cosmetic surgery, from their decision-making process to the procedure and the subsequent legal action.
A word of warning: While these stories are graphic and alarming, we believe it's imperative for others to understand the experiences these women have endured and how to identify a reputable surgeon.
In this episode, you’ll hear:
- How first impressions differed greatly from the surgery experience
- How to confirm the licence of your potential surgeon
- The legal process for cosmetic surgery negligence from a client perspective
Disclaimer
While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. You should see a solicitor for complete advice that relates directly to your situation.
For more information please visit:
Listen to the previous Law Matters Podcast episode on Cosmetic Surgery Reforms.
Find out more about Cosmetic Surgery Negligence.
Look up a practitioner with AHPRA.
If you have experienced poor or substandard care from a cosmetic surgeon, please get in touch to see if we can help you - enquire online or call 1800 874 949.
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
(00:01):
Hi, Catherine here from Catherine HenryLawyers.
This is the second part to a special lookinto cosmetic surgery hosted by practice
leader in health law, Rosemary Listing.
This time the stories are from women whohave come to us seeking legal action
following a bad cosmetic surgeryexperience.
(00:21):
First a word of warning, some of thesestories contain traumatic medical
experiences and can be distressing.
Nevertheless, we feel it's important thatthe general public knows what has
happened.
I hope you get a lot from these importantstories.
(00:44):
Hi and welcome to this episode of LawMatters.
In the previous episode, I spoke to NewSouth Wales barrister and nurse, Ngaire
Watson, about the cosmetic surgeryindustry and what you can do if you've had
a bad experience.
If you missed that episode, go and have alisten after this.
We will link in the show notes.
In this episode, you'll hear from womenwho've suffered from botched cosmetic
(01:05):
surgery and have gone on to be successfulin their legal cases.
They have all been our clients here atCatherine Henry Lawyers.
Of course, these cases are individual anddon't speak to personal legal advice.
If you want to find out more for yourself,we strongly suggest you get in contact
with us here at Catherine Henry Lawyers oranother firm experienced in medical
negligence.
(01:26):
We've kept some details confidential, butI hope that you take away from this the
strength and resilience of these women andthe knowledge that you're not alone if
you've experienced a bad outcome and thereare things that you can do to seek some
justice.
Here's the first story from a woman.
who we can't name for legal reasons.
We hope you find this informative.
(01:51):
I was a first time mother.
I'd had my first child and obviously mybody shape had changed.
My breasts had changed and I guess I waslooking for that self -confidence again.
So I went down the path of cosmeticsurgery.
That we knew someone that was workingwithin this particular practice.
(02:12):
We trusted them and so we madeappointments and we went down together and
supported one another.
And did you look at...
That person's website.
Yeah, we did.
It was quite a professional website.
It was really well done, to be honest.
There was a lot of information.
So I definitely read over all of theinformation on that personal website.
(02:33):
But beyond that, I didn't look elsewhere.
I felt really comfortable with mydecision.
Because you knew somebody that workedthere and it all looked very professional.
Absolutely.
It was done really well.
There was a lot of before and afterphotos.
Girls looked really happy.
There was reviews.
I read reviews and everybody was reallyhappy.
(02:54):
Tell me about them when you went to meetyour surgeon.
What was that experience like?
It was fine.
There was definitely a bit of arroganceabout him, but I guess I put it down to
him being what I thought a plastic surgeonand
You know, there's a first time motherthat's saying, I've got nothing left and
(03:16):
I've got all my self confidence issues.
Um, I think that's how I reflected back onit, but you know, it was a very well
presented office.
Um, he spoke really well.
He seemed very informative.
So I was sold on the situation.
We spoke about a few minor risks.
Um, I did go in with what I thought Iwanted, um, which he couldn't actually
(03:37):
offer me on the day.
And he talked me around into.
Another way, so I wanted under the muscle.
Little did I know at the time he neveroffered under the muscle.
He only went over the muscle.
He didn't have the technique or theskills, but it was never informed to me
about this.
And I didn't even ask because the way hedelivered his information, I guess I
(04:01):
trusted him knowing that he was a doctor,a surgeon.
I just got spoke around saying I wouldn'thave needed a lift that way.
We would just fill it all up andeverything could be great.
under the muscle, would that have been abetter procedure, do you think?
A hundred percent, it would have been abetter result, but the particular implant
could have never gone under the musclebecause it was a saline.
(04:24):
It was never a silicon implant.
And with that pressure, you would havelost the saline regardless.
So we arrived on the day my husband camedown with me.
It was a twilight sedation.
So I was still sort of half there.
Halfway through the procedure, he broughtmy husband into the room and pretty much
(04:44):
asked for his consent.
If he was happy with how big they were,the position and obviously being my
husband, he felt in a really awkwardposition as well being brought into the
middle of a surgery.
He asked me as well, he put a mirror infront of me and I had to look at myself in
the mirror with these implants and ask formy consent.
(05:06):
While you're under sedation,
Basically in the middle of a surgery.
Correct.
And was that ever talked through beforethe surgery?
No, never.
It was never spoken about.
How did you feel coming out of the surgerythen and then talking to your husband
about it and sort of realising this iswhat's just happened?
(05:27):
I think I was so valiumed up that it wasall a little bit of a blur.
I sat in the waiting room for maybe halfan hour after that.
And I was on my merry way to go home.
And were you told that it was just goingto be a light sedation?
No.
So you presumed, I guess, that you weregoing to be under anesthetic?
(05:49):
Correct.
Wow.
Yep.
And what sort of facility, without givingaway where you were, what type of facility
were you in?
So it was, um, he'd purchased, it must'vebeen like say three houses together.
And there was like, one of the houses wasan office.
One of the houses was the operating room.
And then there was another house that hada nurse in it.
(06:12):
So literally you went through the frontdoor for the operation.
Let's say the front bedroom was like yourfront meeting room.
And then you'll swift it down the hallwayinto like, let's say like a family room
size operation room.
And that's where he's, he did hisprocedures.
So you're not in a hospital.
No, there's nobody there in case anythinggoes wrong.
(06:34):
there was himself and a nurse.
When he upgraded to his second clinic,that was really impressive compared to the
first one, because he actually got threesurgeries out of me.
And I would definitely say the first onewas nothing compared to his second and
(06:55):
third.
So I came home, did my recovery with myhusband and my little one.
Within 12 months, my left one hadcompletely deflated.
And this was a saline leakage.
That was going to have to be replaced.
(07:16):
Went down, spoke to him about it.
And at this point, he actually offeredunder the muscle.
He gave me a lift and a really largeimplant.
I'm not a large frame, but he put a 450 inme after a lift.
So this is where all my majorcomplications started after surgery number
two.
So I got infections through my scarring,so all of my incisions.
(07:42):
On my left side seems to be, I had weepingwounds, which I contacted him about, sent
him photos, and he basically didn't care.
I also had my nipples pretty much pointingto the roof.
So not only did I have these nipplespointing to my roof, I had infected
wounds.
I was lucky enough to have a really closefriend whose mum was a nurse who changed
(08:06):
my dressings daily because he just didn'tcare.
I actually got an antibiotic from my localGP.
They got me straight onto it.
Again, because I had that nurse looking atit, she said, you need to go and see your
GP.
You need to get a course of antibiotics.
I did speak to him and he was like, well,I guess you could come down and see me if
you can be bothered, but there was noempathy there whatsoever.
(08:31):
Then I suffered a rupture in my left side.
So my whole left side of my breast hadcompletely tapered off and you could
literally see a massive chunk missing inmy, in my implant.
And how far post -surgery was this?
(08:51):
Nine months, 12 months.
not, not long.
So third time around, um, I went down andspoke to him again and he, unfortunately,
the way he worded things, he was verymanipulative and it was all somehow my
fault.
He then went and did a third surgery forme and changed my implants over to a
(09:13):
smaller implant.
And changing over this one is again whereI woke in the middle of my surgery.
That was horrendous.
completely horrendous, the pain that Itold him I was in.
Because again, you're under thatstarlight.
He basically was just like, zip it, drugher more.
(09:34):
It was horrible.
How did you feel going into that thirdsurgery, knowing that the first two things
had gone wrong?
I'm sure that by this stage you werefeeling so apprehensive, but I felt like I
was backed into a corner and I didn't knowhow.
bad it was until after that third surgery,I was just like, what am I doing?
(09:57):
Why am I allowing this particular personto consistently do these procedures that
all I'm doing is getting terrible results.
And I was paying every time.
So after the third one, I knew that therewas a problem and I'd actually been
approached by someone.
There was a Facebook page called Bot.
(10:19):
or it was something like that.
And it just exposed me to the big badworld out there and what I'd really gotten
myself into.
So this is when I started massiveresearching and I fell into a 60 minutes
program.
Again, it just all happened and that'swhen all the legal action started.
(10:40):
When you say you fell into a 60 minutesprogram, you were watching it or were you
on it?
I was actually on it.
And it was really just how it all cameabout was that I'd...
Again, just been led to this Facebookpage.
Um, and that all been speaking about thisone particular doctor and they were trying
to start a class action, which is that'swhen it did a 60 minutes program.
(11:01):
And that was your doctor.
That was my doctor.
Yes.
And there was at least 15 girls in thatsitting of 60 minutes.
So I contacted one particular lawyer.
Um, I just didn't have a good vibe aboutit.
Um, I pulled away and I also then gotrecommended the lawyer who I went with.
Um, and I could not have made a betterdecision.
(11:23):
She was nothing but amazing andsupportive.
Her team was so compassionate andempathetic of what us women have been
through.
It was the hardest experience I've beenthrough, but the way they dealt with it
was incredible.
And what was the process like goingthrough, like obviously having to retell
your story, the legalities of it all.
(11:44):
I mean, I, I.
think just in the, the interview thatwe've just done around cosmetic surgery,
uh, was a really interesting phrase thatthe law is a blunt instrument.
You know, it is, there is, it's very blackand white.
Whereas your story is the total oppositeof that and very emotional.
What was it like to, to sort of put yourstory into the eyes of the law?
(12:09):
It was really hard emotionally.
Um, and there were some days that I, Ididn't know if I could do it.
because you're reliving a past that was sotraumatic.
And then exposing that story that you'veallowed this to happen was really hard.
There was times when I was chatting to theparticular woman that was dealing with me,
we had to stop because I was tooemotional.
(12:31):
She was seeing very graphic photos becauseI documented everything at the time.
And she didn't know how to wrap her headaround the outcome of what I was going
through back, you know, let's say two,three years ago.
So it was really hard and you go throughthat, that confidence and to try and tell
your story and the way you felt and theway he made you feel, it was, it was a
(12:55):
horrible time in my life.
The outcome obviously is great because Ihave been able to have, um, since two
reconstructive surgeries.
Um, I possibly probably need a third, butI guess it's.
doesn't matter on the settlement amountsor anything like that.
It's, it's the emotional abuse that youbasically went through.
(13:18):
You can't take that away.
The self -confidence that I've lostthrough having surgical procedures by an
absolute monster.
You can't put a price on that.
You're listening to Law Matters on thisspecial episode where you're hearing from
(13:39):
some brave women who chose to share theirstories of botched cosmetic surgery and
successful litigation.
These women are all former clients ofCatherine Henry lawyers.
I hope you take away a lot from thesestories.
Here's the second story in our seriestoday.
I had the surgery done when I was quiteyoung.
(14:00):
I was only 18.
And my decision was based around the factthat I just wasn't happy with how my body
looked.
I had had children, obviously at quite ayoung age.
And with that came changes in the breastarea, as you do expect.
And of course, being so young as well, Iwas still very impacted by my body image.
(14:22):
And so combining that with the fact that Inow had post -pregnancy.
post breastfeeding boobs.
Yeah, that was just my main push to makethe decision to get the modification done.
So I went online and this would have beenback in around, probably 2012.
So it wasn't as large amount ofinformation out there that was easily
(14:44):
defined as it is now.
A lot of different options came up to goto like Thailand or Bali and do it over
there.
But that to me seemed a little bit.
sketchier and I made the decision, no, Idefinitely want to do this in Australia.
So yeah, just Googled, found the surgeonand booked a consult and just went from
(15:05):
there.
I believe they had like a Facebook page aswell because it was a big time for
Facebook then and you know, seeing lots ofpositive reviews from different women, you
know, the before and afters, they lookedgreat.
Yeah, everything just looked fine.
I was excited.
(15:28):
I was told I would be having the consultat his Sydney office in the CBD.
And so that's where it was booked.
However, on the day of my actualconsultation, there was some issue and he
wasn't going to be available.
But instead I would have my consult withthe head nurse.
(15:48):
The office that I went to in the CBD, itwas very, very premium, brand new
building, looked very modern, veryclinical, very clean.
And I think as well that played a big partinto feeling like, yes, I was making the
right decision.
And she was lovely.
You know, she took me for everything.
She showed me on the computer what I maybe able to expect afterwards.
(16:09):
And yeah, it all went fine.
You didn't really have any concerns atthat stage, did you?
No, absolutely none.
Zero.
Booked in my appointment.
I think it was a week or two after that.
Like I said, I was told that that was justhis clinical.
of meeting groups, for appointments andthat kind of thing in the CBD.
(16:29):
And he actually performed the surgery fromanother location out in the Penriff area
of Sydney.
And that was just because, you know, morespace and it was more ideal, etc, etc.
So the day of the surgery, I had a familyfriend drive me down from my home up on
the central coast and I arrived and firstimpressions, very, very different.
(16:54):
It was a fiber house on the corner of astreet across from the shopping center in
Penrith.
So already from the outside, I thought,oh, that's definitely very different to,
you know, the office in the CBD.
But yeah, maybe it's really nice on theinside.
It's yeah, it's not about what it lookslike.
(17:14):
It's about the skill and, you know, thecleanliness.
And I went inside and once again, itwasn't much better.
It wasn't terrible.
I guess I would.
I would say it was similar to maybe alocal family GP who runs their office out
of that kind of thing.
Not really somewhere I would expect to geta surgery done, however.
(17:34):
The upsell of the benefits of a twilightsurgery as opposed to a general
anaesthesia.
Originally I was quite wary of that,however, it really sold to me as being the
better option because it kept the pricedown and obviously having general
anaesthesia done.
really raises the price overall and thatthis was a totally safe and fine method to
(17:57):
use and it would save me thousands ofdollars in the long run.
So just to cover on how I ended up goingthrough the idea of having a surgery not
quite sedated.
So I arrived that morning and was takenthrough very, very briefly, met him, once
again kind of ran through what it was Iwanted, which was
(18:21):
I didn't want to have overly largeimplants.
I wanted it to look quite natural.
I didn't want it to look like I had a boobjob.
I just wanted what I would have had if Ihadn't have gone through all of the body
changes I had.
And he was kind of dismissive in that way,very much like, oh, you're going to come
(18:41):
back in here wanting bigger in a fewmonths time.
That kind of made me feel a bit on edge,but at the same time I was pretty nervous
to begin with.
Yeah.
getting this big surgery done and I justthought he's a professional, you know
what?
And he's telling me that he's done all ofhis training over in the States, that he's
done this operation countless times thathe's forgotten how many times.
(19:05):
All of his clients have always been veryhappy with it and just kind of rushed
through any minor concerns I might've had.
One thing that does stand out to me is Iremember him looking at my chest area and
I had...
What I actually referred to as my thirdnipple, but it was actually a little mole.
And I had no issue with that, but helooked at it and he flicked it and he
said, oh, I'll get rid of that as well.
(19:26):
And I just was a bit taken back by thatbecause I was like, oh, well, I didn't
have an issue with that.
And that's not what I'm here for today.
And that's something that's just alwaysstuck with me over the years of, you know,
the way that he kind of viewed people.
It was explained to me very briefly howthe Twilight procedure would work in that
I...
wouldn't be fully unconscious, but I wouldnot be able to feel anything.
(19:49):
And I would be unaware of what washappening enough that, you know, there
would be no panic, nothing uncomfortableabout it.
When they took me through to where thesurgery itself was happening, it was in
the back room of this fibro house, similarto the chair you would use at a dentist's
office in that like just all actuallyprobably more similar to.
(20:12):
the one your GP will have you lay up onfor a pap smear, that kind of style.
And it just had like a plastic kind ofsheeting over it.
And I've never had a surgery before.
But once again, I just remember looking atit and thinking, oh, that's a bit strange.
But I thought, you know what, he's aprofessional, right?
And I guess this is fine.
(20:33):
And the support person I had with me, shewasn't saying anything to set off alarm
bells in my head.
So I thought, okay, well, it's probablyjust my nerves, nothing to be worried
about.
And then he brought in the woman who wasalso the receptionist to do the
administration of the anesthesias andpainkillers and everything.
(20:53):
I'm not, you know, shaming people of, youknow, a young age, but she would
definitely be the youngest person I'veever seen administering these kinds of
drugs before.
She couldn't have been much older thanmyself, to be honest.
And I was a little bit thrown by that, butI thought, okay, she's probably received
lots of training around this.
So yeah, I laid back on the table and theystarted to give me the cocktail that was
(21:19):
meant to keep the pain away, make me semiunconscious.
And yeah, I just remember laying there andI still felt very, very awake.
They told me it would take a few minutesto kick in and he just started preparing
everything.
And then I made a comment and I said, oh,I still feel, you know, like I can feel
everything.
(21:39):
And he said, oh, no, that's just in yourmind.
Um, and then he did the first incision andI felt that and I said, Oh, no, like that
hurts.
That hurts.
That hurts.
And yeah, he said, I'll maybe give her alittle bit extra.
And so the young girl, she put a littlebit extra in through my hand.
I laid back down and he said, Oh yeah, itwill take a few more minutes to kick in
(22:00):
maybe.
And as that happened, I kind of laid thereand yeah, absolutely terrified.
But in my mind, I was like, we'recommitted.
Like we have to do this.
And so then.
I was laying there and he cut again and Isaid, no, I can still feel that.
It's similar to when you're at the dentistand maybe they're doing a procedure and
(22:21):
how sometimes you'll be able to feel therein your mouth and pushing and prodding,
but there's not that level of pain.
But with this, I could feel the pushing,but I can feel the pain there as well.
And so he said, no, that's in your mind.
You can't actually feel that.
You just think you can.
And I thought, oh, okay.
I think I can feel pain, but maybe he'sright.
(22:43):
And, you know, once again, I was verynaive and thinking, you know, this is a
trained professional, like nothing bad'sgoing to happen to me.
You're with a trained professional.
And so I just laid there and I rememberjust thinking like, wow, this is so
uncomfortable and very, very painful.
Not what I expected, but, you know, we'vegot to keep going.
And he kept going.
I just remember the feeling of what Iguess I now know to be him ripping open
(23:07):
essentially like the skin to create thecavity.
to place the implant or however it's done.
Then it got to the stage where obviouslythe drugs that were able to make you a bit
more dozy kicked in.
So I was kind of in this half asleep butstill feeling everything kind of state.
I don't know how long it would have beenafter that, but he then told me he was
(23:30):
gonna sit me up and show me in the mirror.
I kind of like got reefed up, I guess, offthis like lounging kind of table set up.
And he's put a full length mirror in frontof me whilst I was still fully open and
exposed where it had been cut.
And I just remember looking and all Icould think was like, excuse the language,
(23:52):
but like, holy s**t, that's my insides.
Like here I am, like cut open and juststaring at everything.
And I remember looking and he was like,what do you think of the size?
And I was, I was.
of a bit too shocked to start thinking,oh, I'm just considering more of a C cup,
but that looks a little bit more like a D.
(24:15):
And I was just like, what is happeningright now?
And because I wasn't giving much feedback,probably based on the fact that I was in
shock, he brought in my support person toshow her.
And so she's come into the room.
And once again, that whole thing of,surely if this situation is so messed up,
the other person will be able to see that.
(24:36):
But instead they just started debatingback and forth on which side was bigger
versus smaller.
So once again, I was a little bit like,oh, OK, I wasn't really comfortable with
her seeing me in this state, but here sheis.
And I guess, you know, she'll make surethat I at least don't end up with one
bigger than the other.
But it was a very, very surreal kind ofexperience the whole time.
So then after that, he laid me back downand finished up the procedure.
(25:01):
Once again, that level of pain and pushingand prodding.
everything that was happening was stillthere.
But I think at that stage, I had just goneinto a state of shock where I was able to
just disassociate from the whole thing.
And then he kind of put me back together.
And the next thing I remember was beingtaken through to another room and sitting
on a chair.
And he was explaining to me the painmedication that I would have to take and,
(25:25):
you know, the antibiotics and this andthat.
But in saying that, I just remembersitting there being like a zombie.
And all I can think is...
I'm not going to remember any of this.
And a little voice in my head as well saidto me, maybe we should have covered this
earlier.
And I just sat on that chair kind ofstaring into space and waited.
I don't know how long that took.
I think it was only a quick few minutes,no longer than five minutes of this is,
(25:50):
you know, your aftercare.
Don't get this wet.
Keep this on.
And then that was it.
I was just shuffled straight out the door.
And I got in the car and off I went home.
And I think, yeah, I was just.
in so much pain that night, the recoveryprocess wasn't the best.
I had two young children and in my mind Iwas like, oh, that's probably playing a
(26:14):
bit of a part in all of this.
Sometimes it's better to obviously have aweek or two to just recover, but I wasn't
in that position.
And yeah, that was the procedure.
From the beginning, I was never happy withthe outcome of the implants.
(26:38):
They were much, much bigger than I wanted.
They just didn't suit my body shape.
They didn't feel right either.
Over the years, I met other women that hadalso had cosmetic enhancements done, and
they had had breast jobs as well.
And when I would speak to them, and I'dsay, oh, God, how bad was the experience
of getting them?
And all of them would say, oh, it wasfine.
(26:59):
I was in a hospital, got knocked out, wokeup, had boobs.
And I was like, oh yeah, yeah, myexperience is a little bit different.
Over the years, I always wanted to get ridof them, but I just wasn't in a position
to be able to financially do that.
And then I believe it was probably aroundeight, eight or nine years after having
them that I made the decision of, I justneed to get rid of these things.
(27:19):
Like I'm so sick of them.
They upset me.
They don't suit me.
And also, you know, I was at a stage in mylife where I realized, yeah, it's not the
be all end all to have boobs or not.
And.
Yeah, it's not what your body looks like.
It's about what it can actually do and allthe things that it has done.
So to do that, I had to start researching,you know, getting them removed.
(27:40):
And throughout all of this is why Idefinitely developed quite a phobia of
having medical procedures done.
Even things like going to the dentist, Iwould avoid until absolutely, absolutely
necessary because just being in thatposition again of having the pain.
Sorry.
Yeah, just...
(28:00):
That whole idea of like, oh God, what if Iend up in a position again where I can't
communicate the pain that I'm feeling orthat pain is dismissed.
And so yeah, I was very avoidant of anykind of procedures.
But in saying that, I friendly enoughnever really put two and two together and
(28:22):
that that might've actually been a directresult of what had occurred.
I just thought in my mind, I'm like, oh,you're just scared of the dentist.
So yeah, it got to a stage where I wasstarting to research like, okay, I want to
get this done.
And I was absolutely terrified as well.
And I remember the first person I reachedout to and I just spoke to a receptionist
(28:44):
and said, hey, you know, I've gotimplants.
I just want to get them removed.
How do we do this?
And she said, oh, you should have a cardthat tells you the kind that you have.
And just like a little bit of information.
And then we know how to, you know, go fromthere.
So I was like, oh, OK, a card.
And I was like, I don't think I have acard.
And she said, oh, you can just reach outto your original surgeon and they should
(29:05):
have all of your details on file.
And I was like, OK, perfect.
So I googled the name.
And when I googled the name, I saw all ofthese news articles coming up.
I think there was an Akara affair done onhim.
It was just all of these.
And I started reading them.
(29:26):
And as I'm reading them, I was just like,
Oh my God, this is what happened to me.
Like, and it wasn't like normal.
And yeah, I remember there was one Iclicked on and it mentioned that they were
filing a lawsuit.
And if you were also a victim of him, thenyou know, you would contact, I think,
(29:50):
Catherine, Henry lawyers and speak tothem.
I took a few days because at the same timeit was almost like, you know,
finding out that something bad hashappened to you.
And yes, I remember, I think I calledfirst and spoke to the receptionist, the
lawyers, and I just said something alongthe lines of, I'm just calling up because
(30:10):
I read an article about this doctor and Iwas one of his clients.
How did it feel, I suppose, to tell yourstory and have it validated as something
that was traumatic and not normal andsomething that deserved legal
representation?
To be honest, it was quite therapeutic ina way.
(30:32):
Because even from that first call,speaking with the receptionist and just
saying, like, this is why I'm calling, sheknew straight away what it was I was
calling about.
She said, I'm just going to grab somedetails off you if that's okay.
And then I believe she put me in touchwith one of the other lawyers and she
phoned me up and we had a quick chat abouteverything.
(30:54):
And she was absolutely...
Wonderful to speak to as well, you knowPart of it as well going into I Felt
almost like I was quite stupid It's like ahow could you you know, go through with
this?
Like how did you not see all the signslike?
You must be so dumb to have not picked upon any of this But yeah, not once not once
(31:16):
did she make me feel that way at all Shewas she was really empathetic to the
situation and you're asking all sorts ofquestions there was a stage where I
I had to provide photos of my chest tosend through to her, but obviously that's
quite a personal and confronting thing todo, to just send intimate photos
(31:40):
essentially of yourself.
But the way that she was, not once did Ifeel uncomfortable with the idea of having
to do that.
I had to arrange an appointment with aplastic surgeon they themselves had,
because he would obviously go through itand see.
how things looked and projects, why Iwould need to kind of get back to a state
that I would be happy with.
(32:00):
And yet even him as well, absolutelywonderful, really put me at ease.
And was a big part in, you know, makingthe decision that I would go through with
having them removed, even though I was so,so, so terrified.
Yeah, the whole experience, it was quiteconfronting in a lot of ways, but the way
they went about it just...
(32:22):
made it so much easier than I imagined itwould be, definitely.
When you've been through something likethis, you've already had so much taken
from you in ways that you would neverimagine.
And you know, obviously, at the end of theday, any financial payout that comes from
it doesn't take away what you wentthrough.
Unfortunately, you know, you can neverundo that.
(32:44):
But it can put you in a position whereyou're at least able to start taking
those first steps to kind of get to aplace where you want to be.
Like myself, I was able to, you know, usemy settlement to go and get the surgery
done to remove it.
And just by having that done, I saw suchan improvement in my overall mood and my
(33:04):
outlook on life because, you know, itwasn't every time I undressed for a
shower, I was confronted with that allover again.
If something's happened to you, you needto take action and, you know, you need to
get that justice for yourself as well.
Because at the end of the day, it's notjust about the money, it's also about this
person has done something and they need toface the repercussions of those actions.
(33:27):
You can't get away with doing this topeople.
Like, it's absolutely horrific.
This is a special episode of Law Matters,where you're hearing the stories of bad
cosmetic surgery outcomes and the legalaction some women have chosen to take,
working with us at Catherine HenryLawyers.
(33:48):
Here's the third and final story in ourseries.
Because I had a small chest already, Iwent from about a B cup until a double D
breastfeeding.
And so obviously what goes up must comedown.
(34:09):
I ultimately decided that I wanted to getan enlargement.
And one of my friends had actually gone tothe same doctor that I went to and hers
turned out...
relatively okay looking or so I thought atthe time.
And I was also very young at the time, Ithink I was about 22, 23.
(34:30):
So I didn't really understand all of theimplications and all the things that could
really go wrong.
It all went really quickly to be honest.
I made the first inquiry, they asked forme to send photos.
They asked me to speak with a nurse andthen a doctor.
They said that if I speak with the nurseit's free and otherwise they'll charge me
(34:51):
to speak to the doctor so.
I decided to talk to the nurse and thenurse walked me through the procedure.
They walked me through what options I had.
So there's like a payment plan option theyhad at the time.
You pay this company until you get yourdeposit and then they'll pay the rest and
then you just pay it off.
Um, but once the deposit's saved, you canget the surgery straight away.
(35:16):
The process itself, I had the, um, I had aconversation with the doctor.
I believe over FaceTime.
He had a look over FaceTime and then Iwent into the clinic about four months
after I'd started paying off this company.
And so when you went into the clinic, wasthat the day of your surgery?
(35:37):
Yeah.
Right.
And what was what were your impressions ofthe clinic?
Oh, it was very, it was not what I wasexpecting.
I had had knee surgery maybe the year.
crier and also had my wisdom teeth removedand that was a very professional setting.
(36:00):
Where I went was kind of scary to behonest.
It was very dodgy.
It kind of looked like a veterinary clinicthe way it was set up.
It was part of shops.
So it was like in and amongst the shops.
So it was
Yeah, it just kind of looked like aveterinary clinic in terms of where it was
(36:23):
situated, the whole vibe of the place.
It didn't look like somewhere you would goto get cosmetic surgery.
So when I went into the surgery itself, itwas just the doctor himself putting me
under.
So he gave me twilight sedation and headministered that himself.
(36:43):
So I remember being outside and then himputting...
a cannula in and putting the drugs throughthe IV.
And then next thing I woke up, I was inexcruciating pain because he woke me up
during the surgery.
So I remember him trying to ask me whatsize I wanted, whether it was bigger
enough and he was pumping up the balloonas I was awake and I just remember being
(37:07):
in excruciating pain and being like, oh mygod, and I even said, I'm in so much pain.
And next thing I heard him say, okay,that's enough.
And then I was put back under.
I then woke up in a waiting room.
I wasn't even in a proper bed.
(37:27):
I was in just like sort of a couch.
He didn't come to see me before I lefteither.
I was just sort of being like, I was, Iremember my friends were sort of waiting
around me and there was no nurses lookingafter me.
and being there and I was in and outbecause I was obviously had medications.
I had to go to the pharmacy next door,pick up my medication and I just remember
(37:53):
falling asleep in the car on the ride homebecause my friend had come to pick me up.
I recovered fairly good and I had beentold because I've had children, the
recovery isn't so bad.
But I noticed obviously as they droppedthat they were sort of uneven, like in
(38:19):
size, there was like more of a gap in themiddle, like by cleavage area.
The placement was completely off.
One was bigger than the other.
And I just.
remember going, oh, it's not exactly whatI thought it would be.
He had specified that if there were anyissues with them, if he had to fix it, it
(38:42):
would be at his cost.
I'm sorry, at my cost and being havingalready paid a lot of money and I was
continuing to pay that off and I was on avery low salary at the time and a single
parent.
I...
I was like, I'm not going to go throughthis again.
(39:03):
I can't afford that.
After speaking to people that I know whoare like nurses and work in hospitals and
things like that, and when I told peoplethat he'd woken me up, they were sort of
like, that's really dangerous.
He shouldn't have been doing that.
And I was like, oh, it's okay.
He woke everybody up.
(39:24):
And it was just me being naive.
But when I found out he wasn't actually aproper plastic surgeon, I found out
because of a current affair.
I found out because my nun was watching acurrent affair and she was like, that's
the doctor that did your surgery.
(39:45):
And then I kind of looked at it and I waslike, oh, things are starting to add up,
aren't they?
I ended up with, um, capsular contractureactually, so.
It was even worse after that and that'ssort of when I reached out to Catherine.
What's that?
Can you talk me through what that is?
So, capsular contracture is basically, youcan get an infection in the capsule
(40:09):
itself.
The capsule sort of contracts and then itpushes upwards.
So it was like one side was rock hard andthere was like breast tissue, I guess,
sort of hanging on that side.
Um, because it was like sitting high up inthe chest and under the muscle and I kind
of got it sort of fixed pretty quicklyafter I engaged with Catherine Henry, the
(40:36):
turnaround process was pretty quick.
So that's why I didn't have prolongedpain.
So you were able to use some of the, the,the money that you got to actually help
you fix the problems that had happened.
The first thing I did was go and, um, fixthe problem.
It was, yeah, I contacted an actualplastic surgeon with lots of experience
(40:59):
and she was great.
The whole experience was completelydifferent.
There was so many follow -up appointments,even after my lift.
So what happened was I did the implantsfirst because she said that she wanted to
see how they settled.
Once we realized that I'd still, even withthe implants, I needed a lift.
(41:21):
She got me into her clinic and we did thelift.
After a few months, I realized I still,one side quite wasn't right in terms of
where my nipples were sitting.
So once again, she came in and shecorrected the scar.
The first lift and the second lift were atno cost to me at all.
So her ultimate goal was for me to havethe best outcome and not about money.
(41:47):
So what was the legal process like?
I mean, you mentioned that you contactedCatherine Henry and were able to have a
successful outcome in the eyes of the law,I suppose.
What was it like to go through that?
Obviously, I contacted them.
They asked me for details of the surgery,so all the paperwork, any photos that I
(42:12):
may have had.
They started the process on their end andit was a...
no win, no fee type of situation.
They got me to see a specialist to look atmy chest and see sort of go through the
process of what he had done, what waswrong.
The surgeon specialist that I saw saidthat from the original photos versus what
(42:38):
I had now, I actually had always needed alift.
So he should have given me a lift as wellas the implants.
He went through the process, obviously,the fact he woke me up and all of these
other things.
And he said, that was wrong, that waswrong.
You should have a separate team for theanesthetic.
And also went through, like, obviouslylooking at my scarring, feeling how the
(43:03):
implants were sitting, said that they justweren't put in properly.
Then I had to speak to a psychiatrist whoultimately ruled that I had PTSD.
And I guess as well, I didn't, I kind ofwas like, oh yeah, this was, it was
traumatic, but I sort of pushed it to theside.
(43:23):
And, but every so often I would thinkabout things that happened and then going
through the whole process and having torelive everything that he did, I realized
how traumatized I actually was.
And so once those reports and everythingwas submitted to the insurer.
I think there were a number of cases.
(43:44):
So it was just about getting a date thatthere was going to be negotiations.
So once the negotiations date came in, Iwas in contact with the lawyer that I was
dealing with.
So she was going back and forth saying,hey, they've offered this amount.
What are you thinking?
I think, I don't think that's going to beenough.
(44:06):
And then it was just back and forth allday.
And then finally we settled on an amount.
that the lawyer said, I think this is morethan fair.
We could keep going, but if we go any morethan this, we risk having to go to
litigation, which I didn't want to have togo through litigation because I didn't
want to have to go relive it once again incourt and then possibly losing.
(44:33):
So yeah, my whole experience with them wasgood.
They were, they were great from start tofinish and they, they did mention all the
what all the costs were for each email andeverything like that.
And obviously what I could do to avoidhaving to pay more in fees and have more
that actually was in my hand.
(44:54):
I was just really happy with the outcome.
Thank you.
Thank you so much.
Is there anything else you wanted to add?
Anybody thinking about doing cosmeticsurgery, I guess, do your research.
That's probably the most important thingthat I've taken from this is.
do your research and make sure they haveall of the requirements, especially with
(45:15):
AHPRA.
So it is something that you can look up.
And if we had looked up, which I didn'tknow at the time, I would have seen that
he wasn't a cosmetic, sorry, a plasticsurgeon.
A big thank you to the brave women sharingtheir stories.
I know, working in this field, that it'sconfronting to talk about such traumatic
(45:39):
events.
So we are thankful and I hope that you canfind value in hearing these experiences.
If you are someone thinking about takinglegal action for your own traumatic
cosmetic surgery, I hope these storiesgave you insight into the process and the
possibilities.
I'm Rosemary Listing, practice leader inhealth law with Catherine Henry Lawyers.
(46:01):
If you'd like to find out more abouttaking legal action after a bad cosmetic
surgery outcome, please get in touch.
I'd really love to hear from you and talkyou through your options.
This podcast was produced by Pod and PenProductions.
Hi, Catherine here from Catherine HenryLawyers.
This is the second part to a special lookinto cosmetic surgery hosted by practice
leader in health law, Rosemary Listing.
This time the stories are from women whohave come to us seeking legal action
following a bad cosmetic surgeryexperience.
(00:21):
First a word of warning, some of thesestories contain traumatic medical
experiences and can be distressing.
Nevertheless, we feel it's important thatthe general public knows what has
happened.
I hope you get a lot from these importantstories.
(00:44):
Hi and welcome to this episode of LawMatters.
In the previous episode, I spoke to NewSouth Wales barrister and nurse, Ngaire
Watson, about the cosmetic surgeryindustry and what you can do if you've had
a bad experience.
If you missed that episode, go and have alisten after this.
We will link in the show notes.
In this episode, you'll hear from womenwho've suffered from botched cosmetic
(01:05):
surgery and have gone on to be successfulin their legal cases.
They have all been our clients here atCatherine Henry Lawyers.
Of course, these cases are individual anddon't speak to personal legal advice.
If you want to find out more for yourself,we strongly suggest you get in contact
with us here at Catherine Henry Lawyers oranother firm experienced in medical
negligence.
(01:26):
We've kept some details confidential, butI hope that you take away from this the
strength and resilience of these women andthe knowledge that you're not alone if
you've experienced a bad outcome and thereare things that you can do to seek some
justice.
Here's the first story from a woman.
who we can't name for legal reasons.
We hope you find this informative.
(01:51):
I was a first time mother.
I'd had my first child and obviously mybody shape had changed.
My breasts had changed and I guess I waslooking for that self -confidence again.
So I went down the path of cosmeticsurgery.
That we knew someone that was workingwithin this particular practice.
(02:12):
We trusted them and so we madeappointments and we went down together and
supported one another.
And did you look at...
That person's website.
Yeah, we did.
It was quite a professional website.
It was really well done, to be honest.
There was a lot of information.
So I definitely read over all of theinformation on that personal website.
(02:33):
But beyond that, I didn't look elsewhere.
I felt really comfortable with mydecision.
Because you knew somebody that workedthere and it all looked very professional.
Absolutely.
It was done really well.
There was a lot of before and afterphotos.
Girls looked really happy.
There was reviews.
I read reviews and everybody was reallyhappy.
(02:54):
Tell me about them when you went to meetyour surgeon.
What was that experience like?
It was fine.
There was definitely a bit of arroganceabout him, but I guess I put it down to
him being what I thought a plastic surgeonand
You know, there's a first time motherthat's saying, I've got nothing left and
(03:16):
I've got all my self confidence issues.
Um, I think that's how I reflected back onit, but you know, it was a very well
presented office.
Um, he spoke really well.
He seemed very informative.
So I was sold on the situation.
We spoke about a few minor risks.
Um, I did go in with what I thought Iwanted, um, which he couldn't actually
(03:37):
offer me on the day.
And he talked me around into.
Another way, so I wanted under the muscle.
Little did I know at the time he neveroffered under the muscle.
He only went over the muscle.
He didn't have the technique or theskills, but it was never informed to me
about this.
And I didn't even ask because the way hedelivered his information, I guess I
(04:01):
trusted him knowing that he was a doctor,a surgeon.
I just got spoke around saying I wouldn'thave needed a lift that way.
We would just fill it all up andeverything could be great.
under the muscle, would that have been abetter procedure, do you think?
A hundred percent, it would have been abetter result, but the particular implant
could have never gone under the musclebecause it was a saline.
(04:24):
It was never a silicon implant.
And with that pressure, you would havelost the saline regardless.
So we arrived on the day my husband camedown with me.
It was a twilight sedation.
So I was still sort of half there.
Halfway through the procedure, he broughtmy husband into the room and pretty much
(04:44):
asked for his consent.
If he was happy with how big they were,the position and obviously being my
husband, he felt in a really awkwardposition as well being brought into the
middle of a surgery.
He asked me as well, he put a mirror infront of me and I had to look at myself in
the mirror with these implants and ask formy consent.
(05:06):
While you're under sedation,
Basically in the middle of a surgery.
Correct.
And was that ever talked through beforethe surgery?
No, never.
It was never spoken about.
How did you feel coming out of the surgerythen and then talking to your husband
about it and sort of realising this iswhat's just happened?
(05:27):
I think I was so valiumed up that it wasall a little bit of a blur.
I sat in the waiting room for maybe halfan hour after that.
And I was on my merry way to go home.
And were you told that it was just goingto be a light sedation?
No.
So you presumed, I guess, that you weregoing to be under anesthetic?
(05:49):
Correct.
Wow.
Yep.
And what sort of facility, without givingaway where you were, what type of facility
were you in?
So it was, um, he'd purchased, it must'vebeen like say three houses together.
And there was like, one of the houses wasan office.
One of the houses was the operating room.
And then there was another house that hada nurse in it.
(06:12):
So literally you went through the frontdoor for the operation.
Let's say the front bedroom was like yourfront meeting room.
And then you'll swift it down the hallwayinto like, let's say like a family room
size operation room.
And that's where he's, he did hisprocedures.
So you're not in a hospital.
No, there's nobody there in case anythinggoes wrong.
(06:34):
there was himself and a nurse.
When he upgraded to his second clinic,that was really impressive compared to the
first one, because he actually got threesurgeries out of me.
And I would definitely say the first onewas nothing compared to his second and
(06:55):
third.
So I came home, did my recovery with myhusband and my little one.
Within 12 months, my left one hadcompletely deflated.
And this was a saline leakage.
That was going to have to be replaced.
(07:16):
Went down, spoke to him about it.
And at this point, he actually offeredunder the muscle.
He gave me a lift and a really largeimplant.
I'm not a large frame, but he put a 450 inme after a lift.
So this is where all my majorcomplications started after surgery number
two.
So I got infections through my scarring,so all of my incisions.
(07:42):
On my left side seems to be, I had weepingwounds, which I contacted him about, sent
him photos, and he basically didn't care.
I also had my nipples pretty much pointingto the roof.
So not only did I have these nipplespointing to my roof, I had infected
wounds.
I was lucky enough to have a really closefriend whose mum was a nurse who changed
(08:06):
my dressings daily because he just didn'tcare.
I actually got an antibiotic from my localGP.
They got me straight onto it.
Again, because I had that nurse looking atit, she said, you need to go and see your
GP.
You need to get a course of antibiotics.
I did speak to him and he was like, well,I guess you could come down and see me if
you can be bothered, but there was noempathy there whatsoever.
(08:31):
Then I suffered a rupture in my left side.
So my whole left side of my breast hadcompletely tapered off and you could
literally see a massive chunk missing inmy, in my implant.
And how far post -surgery was this?
(08:51):
Nine months, 12 months.
not, not long.
So third time around, um, I went down andspoke to him again and he, unfortunately,
the way he worded things, he was verymanipulative and it was all somehow my
fault.
He then went and did a third surgery forme and changed my implants over to a
(09:13):
smaller implant.
And changing over this one is again whereI woke in the middle of my surgery.
That was horrendous.
completely horrendous, the pain that Itold him I was in.
Because again, you're under thatstarlight.
He basically was just like, zip it, drugher more.
(09:34):
It was horrible.
How did you feel going into that thirdsurgery, knowing that the first two things
had gone wrong?
I'm sure that by this stage you werefeeling so apprehensive, but I felt like I
was backed into a corner and I didn't knowhow.
bad it was until after that third surgery,I was just like, what am I doing?
(09:57):
Why am I allowing this particular personto consistently do these procedures that
all I'm doing is getting terrible results.
And I was paying every time.
So after the third one, I knew that therewas a problem and I'd actually been
approached by someone.
There was a Facebook page called Bot.
(10:19):
or it was something like that.
And it just exposed me to the big badworld out there and what I'd really gotten
myself into.
So this is when I started massiveresearching and I fell into a 60 minutes
program.
Again, it just all happened and that'swhen all the legal action started.
(10:40):
When you say you fell into a 60 minutesprogram, you were watching it or were you
on it?
I was actually on it.
And it was really just how it all cameabout was that I'd...
Again, just been led to this Facebookpage.
Um, and that all been speaking about thisone particular doctor and they were trying
to start a class action, which is that'swhen it did a 60 minutes program.
(11:01):
And that was your doctor.
That was my doctor.
Yes.
And there was at least 15 girls in thatsitting of 60 minutes.
So I contacted one particular lawyer.
Um, I just didn't have a good vibe aboutit.
Um, I pulled away and I also then gotrecommended the lawyer who I went with.
Um, and I could not have made a betterdecision.
(11:23):
She was nothing but amazing andsupportive.
Her team was so compassionate andempathetic of what us women have been
through.
It was the hardest experience I've beenthrough, but the way they dealt with it
was incredible.
And what was the process like goingthrough, like obviously having to retell
your story, the legalities of it all.
(11:44):
I mean, I, I.
think just in the, the interview thatwe've just done around cosmetic surgery,
uh, was a really interesting phrase thatthe law is a blunt instrument.
You know, it is, there is, it's very blackand white.
Whereas your story is the total oppositeof that and very emotional.
What was it like to, to sort of put yourstory into the eyes of the law?
(12:09):
It was really hard emotionally.
Um, and there were some days that I, Ididn't know if I could do it.
because you're reliving a past that was sotraumatic.
And then exposing that story that you'veallowed this to happen was really hard.
There was times when I was chatting to theparticular woman that was dealing with me,
we had to stop because I was tooemotional.
(12:31):
She was seeing very graphic photos becauseI documented everything at the time.
And she didn't know how to wrap her headaround the outcome of what I was going
through back, you know, let's say two,three years ago.
So it was really hard and you go throughthat, that confidence and to try and tell
your story and the way you felt and theway he made you feel, it was, it was a
(12:55):
horrible time in my life.
The outcome obviously is great because Ihave been able to have, um, since two
reconstructive surgeries.
Um, I possibly probably need a third, butI guess it's.
doesn't matter on the settlement amountsor anything like that.
It's, it's the emotional abuse that youbasically went through.
(13:18):
You can't take that away.
The self -confidence that I've lostthrough having surgical procedures by an
absolute monster.
You can't put a price on that.
You're listening to Law Matters on thisspecial episode where you're hearing from
(13:39):
some brave women who chose to share theirstories of botched cosmetic surgery and
successful litigation.
These women are all former clients ofCatherine Henry lawyers.
I hope you take away a lot from thesestories.
Here's the second story in our seriestoday.
I had the surgery done when I was quiteyoung.
(14:00):
I was only 18.
And my decision was based around the factthat I just wasn't happy with how my body
looked.
I had had children, obviously at quite ayoung age.
And with that came changes in the breastarea, as you do expect.
And of course, being so young as well, Iwas still very impacted by my body image.
(14:22):
And so combining that with the fact that Inow had post -pregnancy.
post breastfeeding boobs.
Yeah, that was just my main push to makethe decision to get the modification done.
So I went online and this would have beenback in around, probably 2012.
So it wasn't as large amount ofinformation out there that was easily
(14:44):
defined as it is now.
A lot of different options came up to goto like Thailand or Bali and do it over
there.
But that to me seemed a little bit.
sketchier and I made the decision, no, Idefinitely want to do this in Australia.
So yeah, just Googled, found the surgeonand booked a consult and just went from
(15:05):
there.
I believe they had like a Facebook page aswell because it was a big time for
Facebook then and you know, seeing lots ofpositive reviews from different women, you
know, the before and afters, they lookedgreat.
Yeah, everything just looked fine.
I was excited.
(15:28):
I was told I would be having the consultat his Sydney office in the CBD.
And so that's where it was booked.
However, on the day of my actualconsultation, there was some issue and he
wasn't going to be available.
But instead I would have my consult withthe head nurse.
(15:48):
The office that I went to in the CBD, itwas very, very premium, brand new
building, looked very modern, veryclinical, very clean.
And I think as well that played a big partinto feeling like, yes, I was making the
right decision.
And she was lovely.
You know, she took me for everything.
She showed me on the computer what I maybe able to expect afterwards.
(16:09):
And yeah, it all went fine.
You didn't really have any concerns atthat stage, did you?
No, absolutely none.
Zero.
Booked in my appointment.
I think it was a week or two after that.
Like I said, I was told that that was justhis clinical.
of meeting groups, for appointments andthat kind of thing in the CBD.
(16:29):
And he actually performed the surgery fromanother location out in the Penriff area
of Sydney.
And that was just because, you know, morespace and it was more ideal, etc, etc.
So the day of the surgery, I had a familyfriend drive me down from my home up on
the central coast and I arrived and firstimpressions, very, very different.
(16:54):
It was a fiber house on the corner of astreet across from the shopping center in
Penrith.
So already from the outside, I thought,oh, that's definitely very different to,
you know, the office in the CBD.
But yeah, maybe it's really nice on theinside.
It's yeah, it's not about what it lookslike.
(17:14):
It's about the skill and, you know, thecleanliness.
And I went inside and once again, itwasn't much better.
It wasn't terrible.
I guess I would.
I would say it was similar to maybe alocal family GP who runs their office out
of that kind of thing.
Not really somewhere I would expect to geta surgery done, however.
(17:34):
The upsell of the benefits of a twilightsurgery as opposed to a general
anaesthesia.
Originally I was quite wary of that,however, it really sold to me as being the
better option because it kept the pricedown and obviously having general
anaesthesia done.
really raises the price overall and thatthis was a totally safe and fine method to
(17:57):
use and it would save me thousands ofdollars in the long run.
So just to cover on how I ended up goingthrough the idea of having a surgery not
quite sedated.
So I arrived that morning and was takenthrough very, very briefly, met him, once
again kind of ran through what it was Iwanted, which was
(18:21):
I didn't want to have overly largeimplants.
I wanted it to look quite natural.
I didn't want it to look like I had a boobjob.
I just wanted what I would have had if Ihadn't have gone through all of the body
changes I had.
And he was kind of dismissive in that way,very much like, oh, you're going to come
(18:41):
back in here wanting bigger in a fewmonths time.
That kind of made me feel a bit on edge,but at the same time I was pretty nervous
to begin with.
Yeah.
getting this big surgery done and I justthought he's a professional, you know
what?
And he's telling me that he's done all ofhis training over in the States, that he's
done this operation countless times thathe's forgotten how many times.
(19:05):
All of his clients have always been veryhappy with it and just kind of rushed
through any minor concerns I might've had.
One thing that does stand out to me is Iremember him looking at my chest area and
I had...
What I actually referred to as my thirdnipple, but it was actually a little mole.
And I had no issue with that, but helooked at it and he flicked it and he
said, oh, I'll get rid of that as well.
(19:26):
And I just was a bit taken back by thatbecause I was like, oh, well, I didn't
have an issue with that.
And that's not what I'm here for today.
And that's something that's just alwaysstuck with me over the years of, you know,
the way that he kind of viewed people.
It was explained to me very briefly howthe Twilight procedure would work in that
I...
wouldn't be fully unconscious, but I wouldnot be able to feel anything.
(19:49):
And I would be unaware of what washappening enough that, you know, there
would be no panic, nothing uncomfortableabout it.
When they took me through to where thesurgery itself was happening, it was in
the back room of this fibro house, similarto the chair you would use at a dentist's
office in that like just all actuallyprobably more similar to.
(20:12):
the one your GP will have you lay up onfor a pap smear, that kind of style.
And it just had like a plastic kind ofsheeting over it.
And I've never had a surgery before.
But once again, I just remember looking atit and thinking, oh, that's a bit strange.
But I thought, you know what, he's aprofessional, right?
And I guess this is fine.
(20:33):
And the support person I had with me, shewasn't saying anything to set off alarm
bells in my head.
So I thought, okay, well, it's probablyjust my nerves, nothing to be worried
about.
And then he brought in the woman who wasalso the receptionist to do the
administration of the anesthesias andpainkillers and everything.
(20:53):
I'm not, you know, shaming people of, youknow, a young age, but she would
definitely be the youngest person I'veever seen administering these kinds of
drugs before.
She couldn't have been much older thanmyself, to be honest.
And I was a little bit thrown by that, butI thought, okay, she's probably received
lots of training around this.
So yeah, I laid back on the table and theystarted to give me the cocktail that was
(21:19):
meant to keep the pain away, make me semiunconscious.
And yeah, I just remember laying there andI still felt very, very awake.
They told me it would take a few minutesto kick in and he just started preparing
everything.
And then I made a comment and I said, oh,I still feel, you know, like I can feel
everything.
(21:39):
And he said, oh, no, that's just in yourmind.
Um, and then he did the first incision andI felt that and I said, Oh, no, like that
hurts.
That hurts.
That hurts.
And yeah, he said, I'll maybe give her alittle bit extra.
And so the young girl, she put a littlebit extra in through my hand.
I laid back down and he said, Oh yeah, itwill take a few more minutes to kick in
(22:00):
maybe.
And as that happened, I kind of laid thereand yeah, absolutely terrified.
But in my mind, I was like, we'recommitted.
Like we have to do this.
And so then.
I was laying there and he cut again and Isaid, no, I can still feel that.
It's similar to when you're at the dentistand maybe they're doing a procedure and
(22:21):
how sometimes you'll be able to feel therein your mouth and pushing and prodding,
but there's not that level of pain.
But with this, I could feel the pushing,but I can feel the pain there as well.
And so he said, no, that's in your mind.
You can't actually feel that.
You just think you can.
And I thought, oh, okay.
I think I can feel pain, but maybe he'sright.
(22:43):
And, you know, once again, I was verynaive and thinking, you know, this is a
trained professional, like nothing bad'sgoing to happen to me.
You're with a trained professional.
And so I just laid there and I rememberjust thinking like, wow, this is so
uncomfortable and very, very painful.
Not what I expected, but, you know, we'vegot to keep going.
And he kept going.
I just remember the feeling of what Iguess I now know to be him ripping open
(23:07):
essentially like the skin to create thecavity.
to place the implant or however it's done.
Then it got to the stage where obviouslythe drugs that were able to make you a bit
more dozy kicked in.
So I was kind of in this half asleep butstill feeling everything kind of state.
I don't know how long it would have beenafter that, but he then told me he was
(23:30):
gonna sit me up and show me in the mirror.
I kind of like got reefed up, I guess, offthis like lounging kind of table set up.
And he's put a full length mirror in frontof me whilst I was still fully open and
exposed where it had been cut.
And I just remember looking and all Icould think was like, excuse the language,
(23:52):
but like, holy s**t, that's my insides.
Like here I am, like cut open and juststaring at everything.
And I remember looking and he was like,what do you think of the size?
And I was, I was.
of a bit too shocked to start thinking,oh, I'm just considering more of a C cup,
but that looks a little bit more like a D.
(24:15):
And I was just like, what is happeningright now?
And because I wasn't giving much feedback,probably based on the fact that I was in
shock, he brought in my support person toshow her.
And so she's come into the room.
And once again, that whole thing of,surely if this situation is so messed up,
the other person will be able to see that.
(24:36):
But instead they just started debatingback and forth on which side was bigger
versus smaller.
So once again, I was a little bit like,oh, OK, I wasn't really comfortable with
her seeing me in this state, but here sheis.
And I guess, you know, she'll make surethat I at least don't end up with one
bigger than the other.
But it was a very, very surreal kind ofexperience the whole time.
So then after that, he laid me back downand finished up the procedure.
(25:01):
Once again, that level of pain and pushingand prodding.
everything that was happening was stillthere.
But I think at that stage, I had just goneinto a state of shock where I was able to
just disassociate from the whole thing.
And then he kind of put me back together.
And the next thing I remember was beingtaken through to another room and sitting
on a chair.
And he was explaining to me the painmedication that I would have to take and,
(25:25):
you know, the antibiotics and this andthat.
But in saying that, I just remembersitting there being like a zombie.
And all I can think is...
I'm not going to remember any of this.
And a little voice in my head as well saidto me, maybe we should have covered this
earlier.
And I just sat on that chair kind ofstaring into space and waited.
I don't know how long that took.
I think it was only a quick few minutes,no longer than five minutes of this is,
(25:50):
you know, your aftercare.
Don't get this wet.
Keep this on.
And then that was it.
I was just shuffled straight out the door.
And I got in the car and off I went home.
And I think, yeah, I was just.
in so much pain that night, the recoveryprocess wasn't the best.
I had two young children and in my mind Iwas like, oh, that's probably playing a
(26:14):
bit of a part in all of this.
Sometimes it's better to obviously have aweek or two to just recover, but I wasn't
in that position.
And yeah, that was the procedure.
From the beginning, I was never happy withthe outcome of the implants.
(26:38):
They were much, much bigger than I wanted.
They just didn't suit my body shape.
They didn't feel right either.
Over the years, I met other women that hadalso had cosmetic enhancements done, and
they had had breast jobs as well.
And when I would speak to them, and I'dsay, oh, God, how bad was the experience
of getting them?
And all of them would say, oh, it wasfine.
(26:59):
I was in a hospital, got knocked out, wokeup, had boobs.
And I was like, oh yeah, yeah, myexperience is a little bit different.
Over the years, I always wanted to get ridof them, but I just wasn't in a position
to be able to financially do that.
And then I believe it was probably aroundeight, eight or nine years after having
them that I made the decision of, I justneed to get rid of these things.
(27:19):
Like I'm so sick of them.
They upset me.
They don't suit me.
And also, you know, I was at a stage in mylife where I realized, yeah, it's not the
be all end all to have boobs or not.
And.
Yeah, it's not what your body looks like.
It's about what it can actually do and allthe things that it has done.
So to do that, I had to start researching,you know, getting them removed.
(27:40):
And throughout all of this is why Idefinitely developed quite a phobia of
having medical procedures done.
Even things like going to the dentist, Iwould avoid until absolutely, absolutely
necessary because just being in thatposition again of having the pain.
Sorry.
Yeah, just...
(28:00):
That whole idea of like, oh God, what if Iend up in a position again where I can't
communicate the pain that I'm feeling orthat pain is dismissed.
And so yeah, I was very avoidant of anykind of procedures.
But in saying that, I friendly enoughnever really put two and two together and
(28:22):
that that might've actually been a directresult of what had occurred.
I just thought in my mind, I'm like, oh,you're just scared of the dentist.
So yeah, it got to a stage where I wasstarting to research like, okay, I want to
get this done.
And I was absolutely terrified as well.
And I remember the first person I reachedout to and I just spoke to a receptionist
(28:44):
and said, hey, you know, I've gotimplants.
I just want to get them removed.
How do we do this?
And she said, oh, you should have a cardthat tells you the kind that you have.
And just like a little bit of information.
And then we know how to, you know, go fromthere.
So I was like, oh, OK, a card.
And I was like, I don't think I have acard.
And she said, oh, you can just reach outto your original surgeon and they should
(29:05):
have all of your details on file.
And I was like, OK, perfect.
So I googled the name.
And when I googled the name, I saw all ofthese news articles coming up.
I think there was an Akara affair done onhim.
It was just all of these.
And I started reading them.
(29:26):
And as I'm reading them, I was just like,
Oh my God, this is what happened to me.
Like, and it wasn't like normal.
And yeah, I remember there was one Iclicked on and it mentioned that they were
filing a lawsuit.
And if you were also a victim of him, thenyou know, you would contact, I think,
(29:50):
Catherine, Henry lawyers and speak tothem.
I took a few days because at the same timeit was almost like, you know,
finding out that something bad hashappened to you.
And yes, I remember, I think I calledfirst and spoke to the receptionist, the
lawyers, and I just said something alongthe lines of, I'm just calling up because
(30:10):
I read an article about this doctor and Iwas one of his clients.
How did it feel, I suppose, to tell yourstory and have it validated as something
that was traumatic and not normal andsomething that deserved legal
representation?
To be honest, it was quite therapeutic ina way.
(30:32):
Because even from that first call,speaking with the receptionist and just
saying, like, this is why I'm calling, sheknew straight away what it was I was
calling about.
She said, I'm just going to grab somedetails off you if that's okay.
And then I believe she put me in touchwith one of the other lawyers and she
phoned me up and we had a quick chat abouteverything.
(30:54):
And she was absolutely...
Wonderful to speak to as well, you knowPart of it as well going into I Felt
almost like I was quite stupid It's like ahow could you you know, go through with
this?
Like how did you not see all the signslike?
You must be so dumb to have not picked upon any of this But yeah, not once not once
(31:16):
did she make me feel that way at all Shewas she was really empathetic to the
situation and you're asking all sorts ofquestions there was a stage where I
I had to provide photos of my chest tosend through to her, but obviously that's
quite a personal and confronting thing todo, to just send intimate photos
(31:40):
essentially of yourself.
But the way that she was, not once did Ifeel uncomfortable with the idea of having
to do that.
I had to arrange an appointment with aplastic surgeon they themselves had,
because he would obviously go through itand see.
how things looked and projects, why Iwould need to kind of get back to a state
that I would be happy with.
(32:00):
And yet even him as well, absolutelywonderful, really put me at ease.
And was a big part in, you know, makingthe decision that I would go through with
having them removed, even though I was so,so, so terrified.
Yeah, the whole experience, it was quiteconfronting in a lot of ways, but the way
they went about it just...
(32:22):
made it so much easier than I imagined itwould be, definitely.
When you've been through something likethis, you've already had so much taken
from you in ways that you would neverimagine.
And you know, obviously, at the end of theday, any financial payout that comes from
it doesn't take away what you wentthrough.
Unfortunately, you know, you can neverundo that.
(32:44):
But it can put you in a position whereyou're at least able to start taking
those first steps to kind of get to aplace where you want to be.
Like myself, I was able to, you know, usemy settlement to go and get the surgery
done to remove it.
And just by having that done, I saw suchan improvement in my overall mood and my
(33:04):
outlook on life because, you know, itwasn't every time I undressed for a
shower, I was confronted with that allover again.
If something's happened to you, you needto take action and, you know, you need to
get that justice for yourself as well.
Because at the end of the day, it's notjust about the money, it's also about this
person has done something and they need toface the repercussions of those actions.
(33:27):
You can't get away with doing this topeople.
Like, it's absolutely horrific.
This is a special episode of Law Matters,where you're hearing the stories of bad
cosmetic surgery outcomes and the legalaction some women have chosen to take,
working with us at Catherine HenryLawyers.
(33:48):
Here's the third and final story in ourseries.
Because I had a small chest already, Iwent from about a B cup until a double D
breastfeeding.
And so obviously what goes up must comedown.
(34:09):
I ultimately decided that I wanted to getan enlargement.
And one of my friends had actually gone tothe same doctor that I went to and hers
turned out...
relatively okay looking or so I thought atthe time.
And I was also very young at the time, Ithink I was about 22, 23.
(34:30):
So I didn't really understand all of theimplications and all the things that could
really go wrong.
It all went really quickly to be honest.
I made the first inquiry, they asked forme to send photos.
They asked me to speak with a nurse andthen a doctor.
They said that if I speak with the nurseit's free and otherwise they'll charge me
(34:51):
to speak to the doctor so.
I decided to talk to the nurse and thenurse walked me through the procedure.
They walked me through what options I had.
So there's like a payment plan option theyhad at the time.
You pay this company until you get yourdeposit and then they'll pay the rest and
then you just pay it off.
Um, but once the deposit's saved, you canget the surgery straight away.
(35:16):
The process itself, I had the, um, I had aconversation with the doctor.
I believe over FaceTime.
He had a look over FaceTime and then Iwent into the clinic about four months
after I'd started paying off this company.
And so when you went into the clinic, wasthat the day of your surgery?
(35:37):
Yeah.
Right.
And what was what were your impressions ofthe clinic?
Oh, it was very, it was not what I wasexpecting.
I had had knee surgery maybe the year.
crier and also had my wisdom teeth removedand that was a very professional setting.
(36:00):
Where I went was kind of scary to behonest.
It was very dodgy.
It kind of looked like a veterinary clinicthe way it was set up.
It was part of shops.
So it was like in and amongst the shops.
So it was
Yeah, it just kind of looked like aveterinary clinic in terms of where it was
(36:23):
situated, the whole vibe of the place.
It didn't look like somewhere you would goto get cosmetic surgery.
So when I went into the surgery itself, itwas just the doctor himself putting me
under.
So he gave me twilight sedation and headministered that himself.
(36:43):
So I remember being outside and then himputting...
a cannula in and putting the drugs throughthe IV.
And then next thing I woke up, I was inexcruciating pain because he woke me up
during the surgery.
So I remember him trying to ask me whatsize I wanted, whether it was bigger
enough and he was pumping up the balloonas I was awake and I just remember being
(37:07):
in excruciating pain and being like, oh mygod, and I even said, I'm in so much pain.
And next thing I heard him say, okay,that's enough.
And then I was put back under.
I then woke up in a waiting room.
I wasn't even in a proper bed.
(37:27):
I was in just like sort of a couch.
He didn't come to see me before I lefteither.
I was just sort of being like, I was, Iremember my friends were sort of waiting
around me and there was no nurses lookingafter me.
and being there and I was in and outbecause I was obviously had medications.
I had to go to the pharmacy next door,pick up my medication and I just remember
(37:53):
falling asleep in the car on the ride homebecause my friend had come to pick me up.
I recovered fairly good and I had beentold because I've had children, the
recovery isn't so bad.
But I noticed obviously as they droppedthat they were sort of uneven, like in
(38:19):
size, there was like more of a gap in themiddle, like by cleavage area.
The placement was completely off.
One was bigger than the other.
And I just.
remember going, oh, it's not exactly whatI thought it would be.
He had specified that if there were anyissues with them, if he had to fix it, it
(38:42):
would be at his cost.
I'm sorry, at my cost and being havingalready paid a lot of money and I was
continuing to pay that off and I was on avery low salary at the time and a single
parent.
I...
I was like, I'm not going to go throughthis again.
(39:03):
I can't afford that.
After speaking to people that I know whoare like nurses and work in hospitals and
things like that, and when I told peoplethat he'd woken me up, they were sort of
like, that's really dangerous.
He shouldn't have been doing that.
And I was like, oh, it's okay.
He woke everybody up.
(39:24):
And it was just me being naive.
But when I found out he wasn't actually aproper plastic surgeon, I found out
because of a current affair.
I found out because my nun was watching acurrent affair and she was like, that's
the doctor that did your surgery.
(39:45):
And then I kind of looked at it and I waslike, oh, things are starting to add up,
aren't they?
I ended up with, um, capsular contractureactually, so.
It was even worse after that and that'ssort of when I reached out to Catherine.
What's that?
Can you talk me through what that is?
So, capsular contracture is basically, youcan get an infection in the capsule
(40:09):
itself.
The capsule sort of contracts and then itpushes upwards.
So it was like one side was rock hard andthere was like breast tissue, I guess,
sort of hanging on that side.
Um, because it was like sitting high up inthe chest and under the muscle and I kind
of got it sort of fixed pretty quicklyafter I engaged with Catherine Henry, the
(40:36):
turnaround process was pretty quick.
So that's why I didn't have prolongedpain.
So you were able to use some of the, the,the money that you got to actually help
you fix the problems that had happened.
The first thing I did was go and, um, fixthe problem.
It was, yeah, I contacted an actualplastic surgeon with lots of experience
(40:59):
and she was great.
The whole experience was completelydifferent.
There was so many follow -up appointments,even after my lift.
So what happened was I did the implantsfirst because she said that she wanted to
see how they settled.
Once we realized that I'd still, even withthe implants, I needed a lift.
(41:21):
She got me into her clinic and we did thelift.
After a few months, I realized I still,one side quite wasn't right in terms of
where my nipples were sitting.
So once again, she came in and shecorrected the scar.
The first lift and the second lift were atno cost to me at all.
So her ultimate goal was for me to havethe best outcome and not about money.
(41:47):
So what was the legal process like?
I mean, you mentioned that you contactedCatherine Henry and were able to have a
successful outcome in the eyes of the law,I suppose.
What was it like to go through that?
Obviously, I contacted them.
They asked me for details of the surgery,so all the paperwork, any photos that I
(42:12):
may have had.
They started the process on their end andit was a...
no win, no fee type of situation.
They got me to see a specialist to look atmy chest and see sort of go through the
process of what he had done, what waswrong.
The surgeon specialist that I saw saidthat from the original photos versus what
(42:38):
I had now, I actually had always needed alift.
So he should have given me a lift as wellas the implants.
He went through the process, obviously,the fact he woke me up and all of these
other things.
And he said, that was wrong, that waswrong.
You should have a separate team for theanesthetic.
And also went through, like, obviouslylooking at my scarring, feeling how the
(43:03):
implants were sitting, said that they justweren't put in properly.
Then I had to speak to a psychiatrist whoultimately ruled that I had PTSD.
And I guess as well, I didn't, I kind ofwas like, oh yeah, this was, it was
traumatic, but I sort of pushed it to theside.
(43:23):
And, but every so often I would thinkabout things that happened and then going
through the whole process and having torelive everything that he did, I realized
how traumatized I actually was.
And so once those reports and everythingwas submitted to the insurer.
I think there were a number of cases.
(43:44):
So it was just about getting a date thatthere was going to be negotiations.
So once the negotiations date came in, Iwas in contact with the lawyer that I was
dealing with.
So she was going back and forth saying,hey, they've offered this amount.
What are you thinking?
I think, I don't think that's going to beenough.
(44:06):
And then it was just back and forth allday.
And then finally we settled on an amount.
that the lawyer said, I think this is morethan fair.
We could keep going, but if we go any morethan this, we risk having to go to
litigation, which I didn't want to have togo through litigation because I didn't
want to have to go relive it once again incourt and then possibly losing.
(44:33):
So yeah, my whole experience with them wasgood.
They were, they were great from start tofinish and they, they did mention all the
what all the costs were for each email andeverything like that.
And obviously what I could do to avoidhaving to pay more in fees and have more
that actually was in my hand.
(44:54):
I was just really happy with the outcome.
Thank you.
Thank you so much.
Is there anything else you wanted to add?
Anybody thinking about doing cosmeticsurgery, I guess, do your research.
That's probably the most important thingthat I've taken from this is.
do your research and make sure they haveall of the requirements, especially with
(45:15):
AHPRA.
So it is something that you can look up.
And if we had looked up, which I didn'tknow at the time, I would have seen that
he wasn't a cosmetic, sorry, a plasticsurgeon.
A big thank you to the brave women sharingtheir stories.
I know, working in this field, that it'sconfronting to talk about such traumatic
(45:39):
events.
So we are thankful and I hope that you canfind value in hearing these experiences.
If you are someone thinking about takinglegal action for your own traumatic
cosmetic surgery, I hope these storiesgave you insight into the process and the
possibilities.
I'm Rosemary Listing, practice leader inhealth law with Catherine Henry Lawyers.
(46:01):
If you'd like to find out more abouttaking legal action after a bad cosmetic
surgery outcome, please get in touch.
I'd really love to hear from you and talkyou through your options.
This podcast was produced by Pod and PenProductions.
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