Event and Time
Event Description
In 2016, the plaintiff, a 51-year-old self-employed hairdresser, consulted Dr. Blackstock at Enhance Clinic for breast augmentation surgery to increase her breast size from a B-cup to a C-cup. This surgery was intended to replace her previous implants that she had initially received in 2001, which had a satisfactory outcome. However, the second surgery resulted in adverse effects leading to a damages claim for professional negligence against Dr. Blackstock.
Application and Claims
The plaintiff filed a claim for damages against Dr. Blackstock, alleging professional negligence resulting from the cosmetic surgery. The claims included:
- Non-economic loss due to pain and suffering.
- Past and future economic loss as a consequence of the surgery outcome.
- Out-of-pocket expenses incurred as a result of the surgery.
Judicial Decisions
The court ruled in favor of the plaintiff, awarding a total of $304,000 in damages against Dr. Blackstock. This included compensation for both economic and non-economic losses, as well as a direction for the defendant to cover the plaintiff's legal costs on an ordinary basis.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff’s Claims:
- Sought compensation for adverse effects of surgery. - Claimed significant pain and suffering leading to non-economic loss of $261,000. - Claimed past and future economic losses totaling $8,000 and future out-of-pocket expenses of $30,000.
- Defendant's Arguments:
- Likely argued that the surgery was performed within acceptable standards and procedures. - May have contested the extent of the plaintiff’s claimed damages, particularly the non-economic loss. - Potentially dismissed allegations of negligence by asserting informed consent and routine medical risks associated with cosmetic surgery.