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Our client wanted to undergo rhinoplasty to decrease her nose size and to make it thinner. Prior to undergoing surgery and during the initial consultation with the negligent doctor, our client was not warned of the risks and complications of surgery.
A few months later, the surgeon performed an open rhinoplasty with alar base resection on our client. In a post-operative review consultation, it was clear that the surgery did not go as intended and that the result was highly unsatisfactory for our client. Thereafter, our client underwent multiple surgical procedures and a steroid injection to rectify these defects.
Our client has now become a rhinoplasty cripple and undoubtably requires further corrective rhinoplasty. She struggles to breathe through her nose, especially when she is sleeping. Our client suffers from decreased air entry to both the right and left nostril and her airways are restricted. As a result of the subject negligence, the bridge of her nose is too high, the tip is very pinched, the nose is too long, and she has been left with a prominent longitudinal scar on the bridge of the tip of her nose.
The post-surgical complications have taken a huge psychological toll on our young client, who constantly ruminates about her physical appearance and who now suffers from significant anxiety and depression, avoidant behaviours, social isolation and social withdrawal, loss of appetite, and a reduced ability to engage in social and recreational activities once enjoyed. This amount covered the costs of further reconstructive rhinoplasty surgery needed by our client as well general damages for her injuries and pain and suffering.
Our skilled and experienced cosmetic surgery lawyers at Gerard Malouf & Partners recognise that a person’s world can be turned upside down because of the negligence of medical practitioners. That’s why our lawyers are committed to fighting to the end to achieve the best possible results for our clients. If you have an enquiry in relation to a potential medical negligence claim, please call us on 1800 004 878 and speak to one of our medical negligence lawyers.
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.
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