Settlement of over $100,000 for botched breast reduction surgery

PUBLISHED 18 Jul 2014

Our client, a mother of five children, had begun to take a renewed interest in her personal appearance and health. She had started to regularly exercise and began dating once again following a separation. For many years following the birth of her children she had sought a breast reduction. In early 2012 she was referred to a plastic surgeon to finally have this surgery performed.

In June and July of 2012 a breast reduction was performed on our client by a plastic surgeon. Sadly for our client, this surgery was severely botched. As a consequence of this negligent plastic surgery surgery our client was faced with severe asymmetry, or lopsidedness, of her breasts in both positioning and size. This asymmetry was noticeable with or without clothing. Furthermore, her right nipple was not supplied with sufficient blood supply which caused it to rot and eventually detach from her breast. There was an obvious misalignment between her two nipples and she suffered severe scarring on both her breasts following the surgery. Following this surgery our client had very little choice but to begin enquiring about corrective surgery, at her own expense.

Understandably, this negligently performed surgery had significant psychological implications for our client. She began to experience severe depression, anxiety, shame and stress. Due to the complications of the surgery she was unable to work for an extended and unexpected period of time. Her sexual relationship with her partner became a source of anxiety and shame for her instead of one of happiness and fulfilment. She became reserved and embarrassed in social situations and began to become severely fixated on her unfortunate situation.

During this time she approached Gerard Malouf and Partners where Leslie Abboud, a senior solicitor with over 30 years of experience, took carriage of this matter. Mr Abboud, and his specialised medical negligence team, obtained medical expert reports and opinions that established a presence of negligence by our client’s plastic surgeon. In an attempt to reduce the stress of this situation for our client, as well as the cost and time associated with legal matters, Mr Abboud sought to enter into negotiations to have this matter settled. After negotiations between the parties, including a specialist barrister briefed in the matter and instructed by Mr Abboud, a settlement of over $100,000 was quickly obtained. Our client was very pleased with this result which allowed her to have the financial ability to move on with her life and seek corrective treatment as well as being compensated for her injuries as a result of the negligent performance of her surgery.

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