Five Figure Cosmetic Surgery Compensation Secured after Rhinoplasty
14 July 2014
The Defendant in Medical Negligence Solicitor James Bells' case was a Consultant Plastic, Reconstructive & Aesthetic Surgeon offering his services on a private basis from consulting firms in Harley Street, London.
In 2008 James' client attended a consultation at the Defendant's consulting rooms. On 13 December 2008 she underwent rhinoplasty.
When she attended a follow up appointment on 23 December 2008, her nose cast was removed. On this removal, she was horrified with her appearance. Contrary to all previous requests, she was left with a very upturned nose along with a diathermy burn to her right temple.
On 10 May 2010 she wrote to the Defendant expressing her dissatisfaction with the result of her surgery, stating that she had specifically stressed that she wanted a straight nose, but had been left with a “ski jump nose” and that her appearances were affecting her income as a model and that she had not received any post operative management from the Defendant.
James' client was left with a very poor cosmetic result from her rhinoplasty. Her nose appeared unnatural and an inverted “V” deformity was present where the nasal bones meet the upper lateral cartilages and her nasal bones are too wide. The central third of the dorsal profile was over resected. The nose had a” ski jump” profile, which was entirely contrary to her wishes and instructions to the Defendant pre-operatively. The Claimant was also left with scarring to her right temple, which is visible at conversational distances.
James' client required revision surgery to the nose and/or the use of fillers to improve her appearance following the surgery. The scar on her right temple however from the diathermy burn is permanent and could be improved with surgery. “
James' client works as a model, actress and dancer and the negligent surgery was very damaging to her career. A letter of claim was sent but the Defendant and his insurers did not respond. Proceedings were issued in the High Court. A detailed Schedule of Loss was then prepared on behalf of James' client and updated throughout the claim. In light of the Defendant's denial of liability contained within their Defence, various witnesses were contacted and witness statements were prepared.
Despite denying all liability the Defendant agreed to attend a Joint Settlement Meeting a few weeks before the listed trial. The Defendant produced a counter schedule and employment report.
At this Joint Settlement Meeting it was agreed that the Defendant would pay James' client a substantial five figure compensation amount in full and final settlement of her cosmetic surgery claim.
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