Change location v

Woman Compensated $165K for Botched Plastic Surgery From Cosmetic Clinic

Case Overview
  • In 2018, our client attended the Clinic with concerns about a double chin and underwent a VASER liposuction procedure.
  • Our client immediately noted that she had a lumpy and uneven appearance and was prescribed PRP treatment resulted in worse scarring.
  • GMP was able to secure our client a settlement of $165,000 at mediation.

In September of 2018, our client attended the Clinic with concerns about a double chin. She underwent a VASER liposuction procedure to her face above the chin. She was not warned of the risks of this procedure, including the possibility that there would be lumpiness, scarring and nerve damage.

Our client was also not advised that she was not a proper candidate for liposuction to her face due to the lack of fat over the facial nerves which could be easily damaged otherwise. She was placed under sedation and was discharged a few days later.

“Our client immediately noted that she had a lumpy and uneven appearance and was prescribed PRP treatment which only resulted in worse scarring and no improvement to the uneven and lumpy appearance to our client’s face.


Gerard Dias
Our Approach

Our medical negligence team acted quickly obtaining clinical records of our client and briefing a specialist Plastic and Reconstructive Surgeon to get their expert opinion as to whether there was any negligence on the surgeon’s behalf. Our expert expressed the opinion that our client should never have been recommended this surgery, as she was not a suitable candidate and that the performance of this surgery caused the disfigurement to her facial appearance.

Once we had this crucial evidence, we were able to commence proceedings in the District Court of NSW. Our client was pleased with this result and the hard work and dedication of her legal team as this has given her peace of mind.

The Result

At mediation, our expert legal team was able to secure our client a settlement of $165,000.

Gerard Dias

Solicitor
Justice is truth in action – Benjamin Disraeli
Frequently Asked Questions

More Information

Negligence is a failure to exercise the care that another in the same position would prudently exercise. The harm caused by negligence is considered to be due to carelessness, rather than a specific intent or determination to cause harm.

While negligence can include misconduct in a variety of circumstances, malpractice is reserved for professionals who fall grossly short of their obligations — and harm others in the process. As a result, malpractice is often called “professional negligence”. If a licensed professional (such as a doctor, lawyer, or accountant) fails to provide the accepted standard of care and subsequently causes harm to the plaintiff, this form of negligence may be known as malpractice.

Medical malpractice is specifically used in reference to medical workers who have committed acts of negligence.

Demonstrating that a doctor fell short of their duty of care can be a challenging process. While most doctors try their best to correctly diagnose conditions and provide timely medical treatment, they can’t always be right. In every state, protections are in place to shield practitioners from some litigation. These give practitioners peace of mind on the job and protect hospitals that are doing their best with limited resources. However, these laws also set the bar for receiving compensation incredibly high.

Overall, to win a favorable judgment, you must be able to prove Duty, Breach and Damages.

If you have been injured or an existing condition has got worse following a medical procedure, or even just a visit to the doctor, then you may have been the victim of medical negligence and you may be eligible to make medical negligence claims against the professional who caused your injury.

If you can first show that you have suffered harm, and secondly, that a medical professional failed in their duty of care towards you then you may be entitled to compensation.

Explore

More Case Summaries

© 2022 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

Website Design by MediaSmiths

Your location is currently: