Can I make a Medical Negligence claim for plastic surgery that has gone wrong?
Often we are consulted by persons who have undergone plastic surgery for the purpose of enquiring as to whether there may be a claim as against the plastic surgeon in negligence. Such an enquiry invariably arises as a consequence of the disappointment on the part of the person as to the result of the plastic surgery.
As I have spoken to previously on many occasions, the mere fact that a person is dissatisfied with the outcome of surgery is not in itself sufficient to establish an entitlement to a claim. This is particularly so in relation to plastic surgery where there may be unrealistic expectation as to the results of the surgery. In the case of plastic surgery, beauty may be in the eye of the beholder but the law applies equally to plastic surgery as it does to all other types of medical negligence claims.
In order to prosecute a negligence claim arising from plastic surgery, the usual principles apply. They are:
- Was there a duty of care owed by the plastic surgeon to the patient?
- Was that duty of care breached?
- Was the breach of that duty causative of injury, loss or damage?
The question as to whether there was a breach of duty of care is determined by reference to “peer professional opinion”. That is, an expert witness, invariably another plastic surgeon, is qualified to opine whether the plastic surgeon had breached their duty of care by failing to act in accordance with peer professional opinion. In the event that it is ultimately established, to the satisfaction of the court, that the plastic surgeon had breached their duty of care and that this resulted in injury, loss or damage to the patient, then the patient would be entitled to recover damages to compensate them for said injury, loss or damage.
Brydens Lawyers are the experts in the prosecution of medical negligence claims. If you are not only dissatisfied with the outcome of a surgical procedure but are of the view that there may have also been a failing on the part of the surgeon constituting negligence on their part, contact Brydens Lawyers without delay on 1800 848 848 or at brydens.com.au. Strict time limits apply so do not delay. Brydens Lawyers – #WE DO medical negligence claims.