Inner-Western Sydney woman receives over $200,000 in compensation due to injuries resulting from elective cosmetic surgery

Published 22 Jan 2018

This matter involved a young woman who consulted with a plastic surgeon for the purpose of advice and treatment in relation to excess skin and tissue in her stomach area.  The plastic surgeon recommended a “tummy tuck/abdominoplasty”, and our client accepted that recommendation and agreed to undertake that procedure.

Following the abdominoplasty procedure, our client noticed that there were a number of ongoing issues with her stomach including abdominal hardness and distension, pain, and cosmetic abnormalities around the incision site. Specifically, her abdomen exhibited a residual bulge and she developed excess skin at the end of her surgical scars.  As a result, our client required repeated drains of fluid from her abdomen. After advising her treating plastic surgeon of these issues, he offered to undertake a revision abdominoplasty in order to address these matters. The revision surgery did not resolve the issues and has left our client with ongoing deformity of her abdomen region generally.  She has continued to require intermittent drains of fluid from her abdominal region.

As a result of her injuries and ongoing treatment requirements, our client had to reduce her hours of employment and therefore suffered financial loss. In addition to her physical injuries the impact that her condition had on her life caused her psychological injury as well. Understandably distressed at the treatment she received and her resulting abdominal deformity, she approached Gerard Malouf and Partners to enquire about her entitlement to medical negligence compensation.

Christine Beshay, Senior Solicitor and Accredited Personal Injury Specialist, took carriage of the matter. Before commencing proceedings, Ms Beshay briefed an expert plastic surgeon who provided an opinion as to whether the treating surgeon was negligent in his treatment of our client. We then had our client medically assessed in relation to the physical and psychological injuries she had suffered as a result of this medical treatment and the ongoing implications it was having on her life.

Bearing in mind the considerable expenses of litigation, Ms Beshay organised a mediation between the parties in an attempt to resolve the matter. After lengthy negotiations at the mediation, we were able to secure an amount of $200,000 in compensation for our client.

If you have been treated by a hospital or medical practitioner and believe that there may have been some form of medical negligence or malpractice, we urge you to contact Gerard Malouf and Partners today. Our expert medical negligence team offers a personalised and professional experience to make sure that every client feels at ease as they are guided through the legal process of seeking compensation for their physical or psychological injuries.