Melbourne woman recovers more than $330,000.00 for a botched cosmetic procedure in just 12 months
It only took Longton Legal/Longton Compensation Lawyers’ Yevgeni Shkuratov and Clare Decena 12 months from the time Sarah made her initial enquiry to her recovering more than $330,000.00 for a botched cosmetic procedure which left her with scarring in a prominent place.
How we helped Sarah?
Sarah approached Longton Legal/Longton Compensation Lawyers in September 2022 for advice about a potential medical negligence claim against a “cosmetic surgeon” arising out of a cosmetic procedure that was performed on her forehead back in 2017. Although more than 3 years had passed since she had her cosmetic procedure, we decided to take her claim on. We approached a qualified plastic surgeon to provide an expert opinion on whether the procedure recommended and performed on Sarah was the correct procedure, whether she was properly warned of the risks associated with the cosmetic procedure and whether the procedure was performed in technically competent manner. It turned out that the procedure recommended to Sarah was not the type of procedure that would be recommended to her by a competent surgeon, she was not properly warned of the risks involved, and the doctor in performing the procedure failed to utilise a correct surgical technique to minimise scarring.
In addition to obtaining the necessary expert liability evidence, we commenced proceedings. We arranged for Sarah to be medically assessed by a qualified plastic surgeon and a consultant psychiatrist to assist us in placing a value on Sarah’s claim. We were able to resolve Sarah's matter informally out of court in just 12 months from her initial enquiry and in the circumstances where her claim was potentially out of time.
What are the causes of poor surgical outcomes and complications in plastic and cosmetic surgery?
Only specialist surgeons will soon be able to call themselves “surgeon” under new legislation that has passed this month to restrict the use of the title by other registered medical practitioners, such as “cosmetic surgeons”. This will hopefully help address the lack of regulation where anyone with a small amount of medical training can hold themselves out as a "cosmetic surgeon" and perform surgical and nonsurgical treatments, which often result in poor surgical outcomes and numerous complications.
From our experience, the main causes of poor surgical outcomes and complications involving plastic and cosmetic surgical procedures are the following:
Not listening to the patient and the patient's expected outcomes from the surgical procedure.
Failing to obtain proper medical history from the patient.
Failing to order or perform necessary diagnostic testing prior to the surgical procedure.
Lack of advice or communication of the risks involved with the cosmetic procedure.
Lack of training or experience, and, sometimes, having no experience of performing a particular procedure on a regular basis.
Poor or insufficient preoperative planning and preparation.
Poor or improper surgical technique or performance of the surgery.
Failing to monitor or monitoring the patient inadequately after the procedure (i.e. lack of follow-up).
How can we help you just how we helped Sarah?
We will act for you in your plastic or cosmetic surgery negligence claim on a no win, no fee basis. You will not pay any upfront costs. We will only send you a bill at the successful conclusion of your claim and only if you recover compensation. With our expert knowledge, experience and proven track record of results, we will be there for you and will guide you every step of the way so that you can recover what you deserve just like Sarah in the shortest timeframe possible.
*the facts and names have been slightly altered to preserve privacy and confidentiality.
*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*
Queensland - Property Law Reform 2023 - Seller Disclosure and Impact on Leases
On 25 October 2023, the Queensland Parliament passed the Property Law Act 2023 (New Act), a significant legislative overhaul aimed at updating the property laws in Queensland.
VICTORIAN 2023-2024 BUDGET: Key Changes and What You Need to Know
The Victorian 2023-2024 budget has brought forth substantial changes in its tax obligations and thresholds, heralding a new fiscal landscape for taxpayers in the state.
Queensland State Budget 2023-2024: An Overview
The Treasurer and Minister for Trade and Investment, the Honourable Cameron Dick MP unveiled the Queensland State Budget that addressed the cost of living, delivery of services in health, housing and community safety for Queenslanders.
NSW BUDGET 2023 – 2024: Key changes and what you need to know
In NSW, if you are acquiring more than 50% of a private company or a unit trust that holds land (directly or indirectly) over the value of $2 million, landholder tax is applicable to the acquirer.