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03 September 2012
In this European cosmetic surgery case, London based Medical Negligence Solicitor Iona Meeres-Young represented a woman who suffered negligent medical treatment during reconstructive nose surgery at a cosmetic surgery clinic in Europe.
Our client had been very unhappy with her nose from an early age, this unhappiness originating in teasing at school as to the size and shape of her nose.
As our client became older she decided that she wanted to have cosmetic surgery to alter the size and shape of her nose. She consulted with the Defendant and during this initial consultation the Defendant noted a deviated septum.
Our client was subsequently seen by the Defendant as a day patient at his cosmetic surgery clinic in Brussels for a Rhinoplasty and dissection of the septum. Shortly after the cosmetic surgery took place, once swelling had begun to settle, it became apparent that our client’s nose was no longer straight. Despite reassurances from the Defendant, a subsequent consultation with alternative medical practitioners revealed that she had a deviated septum and that other mistakes including over-resecting of upper lateral cartilages, uneven lowering of the nose and distortion of cartilage and the nasal tip had occurred during our client’s original cosmetic surgery procedure.
Medical Negligence Solicitor Iona Meeres-Young received instructions from the client to pursue a cosmetic surgery claim for compensation and consideration was given to the position as to regards to liability. In order to achieve negotiated settlement of the action, a Letter of Claim pursuant to the Pre Action Protocol was sent to the Defendants. By way of the Defendant residing in another jurisdiction the insurers appointed to deal with the claim on his behalf were French, and although an initial Acknowledgment to the Letter of Claim was received, no further communication was received from the Defendants and problems in this regard were encountered throughout the action.
A medical expert was instructed to complete a report particularising the full nature and extent of our client’s injuries. Consideration was given to this report and the same was disclosed upon the Defendants. No response was received from the Defendants in respect of the woman’s claim and in attempt to progress matters; an offer of settlement was made. However, no response was received thereto.
Accordingly Counsel’s advice was sought in advance of the issue of proceedings upon jurisdiction and other issues arising out of the medical evidence. Counsel’s advice was received and upon consideration of further opinion from the medical expert and the jurisdictional issues it was apparent that our client was at substantial litigation risk should she proceed further.
Accordingly a further and appropriately reduced offer of compensation was made in the amount of £5,000 to the Defendants to reflect litigation risk, and in an attempt to bring matters to a negotiated settlement. This compensation offer was accepted by the Defendants thereby completing this European cosmetic surgery claim.
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