When healthcare goes wrong: What Australian seniors need to know about getting refunds for faulty prosthetics

If you've ever needed a prosthetic device, you'll know how vulnerable the experience can make you feel.

You're already dealing with the physical and emotional impact of losing part of your body, and then you have to trust someone else to help restore not just your appearance, but your confidence too.

Unfortunately, as dozens of Australians have discovered, that trust can sometimes be misplaced. The case of Jack McDonald, a prosthetic maker who was recently banned from working by Victorian health authorities, has left many people thousands of dollars out of pocket and wondering what their rights are when healthcare goes wrong.

A pattern of problems

Jack McDonald was issued an interim prohibition order by the Victorian Health Complaints Commission on 13 August 2025, preventing him from continuing his prosthetic work while under investigation. Operating under various business names including 'Prosthetic Consultants', 'Melbourne Artificial Eyes', 'Prosthetic Eye Consultants' and 'Medical Prosthetic Consultants', McDonald had been providing prosthetic services across multiple Australian states.

The stories from his clients paint a troubling picture. Stan Maine, who lost the tips of three fingers in a farming accident, spent $3,700 on prosthetic fingertips from McDonald. After 21 appointments, he received fingers that were completely wrong.

'They're downright ugly. They're just nothing like my fingers should look,' Maine said. The prosthetics 'look like they came out of a show bag from the Melbourne show.'

Even when McDonald promised to make replacements, the second set was equally unsatisfactory. Maine asked for a refund but was refused.

Bevan Swan, 81, faces a similar situation. The prosthetic eye he received from McDonald is so poor quality that 'the blue pupil part is up underneath the top lid, and it's got 90 per cent showing just white.' As Swan explained, he isn't physically able to travel interstate to see another specialist, so he's stuck making do with what he describes as a 'terrible' prosthetic.

Recent online reviews corroborate these experiences. One customer described receiving 'a hideous, lifeless, unrealistic, ill fitting and uncomfortable eye' after waiting nine weeks, and despite two more attempts, McDonald 'refused to refund my payment' and never delivered a suitable product.

Your rights when things go wrong

The good news is that Australian Consumer Law (ACL) provides strong protections, even for healthcare services. Products and services must be of acceptable quality, fit for purpose, and match their description.

Maurice Blackburn principal lawyer Tom Ballantyne explains that under ACL, consumers are entitled to a refund, replacement, or repair when these standards aren't met.

'For lower value claims of $10,000 to $20,000, refunds can be pursued through a state's magistrate's court or Civil and Administration Tribunal,' Ballantyne said. 'The latter would be preferred for lower value claims as it's generally more accessible, less expensive.'

Michelle McEvoy successfully recovered $4,400 through the New South Wales Civil and Administrative Tribunal (NCAT) for an ear prosthetic she never received from McDonald. She found the process straightforward.

'I know it wasn't a great deal of money but it's still a lot of money to me and it's my self-worth too,' McEvoy said. 'I do feel that I've had a win.'

For those considering their options, Ballantyne suggests weighing up the cost of legal representation against the amount you're trying to recover. Many states have consumer protection organisations that can provide free advice, such as Consumer Affairs Victoria or Consumer Building and Occupational Services in Tasmania.

The Medicare gap that's hurting seniors

What might surprise many Australians is that Medicare doesn't cover the costs of facial prosthetics like artificial eyes, ears, or noses. Depending on where you live, you could be out of pocket for thousands of dollars.

The coverage varies dramatically by state. Victoria, Western Australia, and Queensland provide some funding through major hospitals in capital cities. The ACT government covers artificial eyes but not other facial prosthetics. However, NSW, NT, Tasmania, and South Australia offer no state or federal funding at all.

'Everyone we speak to is absolutely horrified,' said Nadia Rosen, chief executive of Head and Neck Cancer Australia. She hears from many patients who simply can't afford to reconstruct their face after cancer treatment.

'A lot of these people don't leave the house, they don't go back to work, they're reclusive.'

The cost of government funding for facial prosthetics for cancer patients alone is estimated at just $13 million annually—a relatively small amount that could make an enormous difference to people's quality of life.

Protecting yourself as a consumer

While the system needs fixing, there are steps you can take to protect yourself when seeking prosthetic services.

Professional prosthetist Sophie Fleming suggests that better regulation is needed across the industry, including 'a regulation scheme and training for people who want to get into this field.'

For now, consumers should research any provider thoroughly, never pay the full amount upfront, and ensure they understand their rights before proceeding.

A call for change

The Jack McDonald case has prompted broader discussions about healthcare regulation and funding. Federal Health Minister Mark Butler recently announced 'an independent review into the availability of state and territory prostheses programs and schemes to identify gaps in coverage.'

This review comes in response to a Senate inquiry into equitable access to diagnosis and treatment for individuals with rare and less common cancers. It's a positive step, but change often takes time in government systems.

Dr Elizabeth Deveny from the Consumer Health Forum of Australia points out a fundamental problem with the current system: 'Every Australian deserves safe, trustworthy healthcare and when things go wrong, the pathway to fix it should be simple. It should not be a battle and right now that's not the case.'

The reality is that people needing prosthetics are often dealing with trauma, whether from accident, illness, or surgery. They shouldn't also have to become legal experts or fight for basic consumer protection.