A woman's right breast exploded after a plastic surgery went wrong and while medical negligence has not yet been proven, the patient's lawyer is arguing that the doctor did not perform to acceptable standards. Find out how she may be owed compensation from medical negligence.
According to ABC News, a 27 year old patient has been physically harmed and traumatised by a faulty breast implant performed in Sydney. Immediately after the surgery, the breast became infected and she felt extremely ill. It was a "double bubble" deformity, which is when the breast implant falls below the breast tissue.
The surgeon has been intensely criticised in an independent medical report commissioned by the Plaintiff's lawyer. The independent review uncovered that the doctor had failed to follow required post-operative procedures in a way that was either inappropriate or inadequate. For instance, no drains were inserted during the operation and both the size and position of implants were incorrect.
The patient has determined that she will need to undergo several surgeries to repair the damage, which will cost her at least $20,000.
What's more, there was another problem that this case has revealed: patients aren't able to access the record of medical practitioners. The cosmetic surgeon had a bad record and the patient said that, had she known this, she definitely would not have gone to him. Although it is legal for doctors to not share their past mistakes, legal groups have been trying to get settlements included in doctors records for some time.
Getting compensation from bad plastic surgeries
In order to gain compensation from medical negligence, the Legal Services Commission of Australia wrote that you must prove:
- that there were circumstances that require duty of care
- there was a breach of duty
- you suffered injury or loss which the doctor could have foreseen
- that the damage was caused by a breach of duty
The standard of care for a cosmetic surgeon, specifically, is very high and if other professionals determine that the surgery was not adequately performed, it only bolsters your case that there was a breach of duty. We have a team of medical consultants including doctors and medical specialists to analyse the surgery undertaken and determine if it could have been avoided.
If you believe you have a case, Gerard Malouf and Partners will be able to assess the merits of your claim on a "no win, no fee basis." Get access to specialist cosmetic surgeons and a supportive, expert team of lawyers who will assist you after your tragedy.