Successful Rhinoplasty Compensation Claim
27 August 2014
The Claimant was a full time model for around two years prior to her first consultation with the Defendant, a Harley Street Cosmetic surgeon. The Claimant had been dissatisfied with the appearance of the tip of her nose, which she regarded as slightly bulbous. The Claimant attended a consultation with the Defendant with a view to having surgery to the tip of her nose (a Rhinoplasty).
The Claimant signed a Consent Form in relation to the surgery and was seen for a pre-operative consultation when it was noted that there had been a full discussion about the surgery, its risks and plans for post-operative management; and the surgery was performed.
When the Claimant's cast was removed the Claimant was shocked and upset upon the removal of the cast as her nose appeared very short and was turned up.
The Claimant was left with poor post-operative appearances in the form of an inverted ‘v’ deformity, a saddle deformity in the middle third of the nose, a wide nasal bridge with prominent nasal bones, shortening of the nose, and significantly differing shapes of the right and left nostrils.
Expert evidence was obtained and a letter of Claim was prepared and sent. No response was received. Legal proceedings were issued in the High Court. A Defence was filed in which liability was denied. The Defendant failed to disclose the Defendant’s CV with the List of Documents and accordingly the Claimant made an Application to force disclosure of the same.
Witness statements and experts’ reports were exchanged and a joint settlement meeting took place shortly before the listed trial date. At the joint settlement meeting the Defendant’s insurance company agreed to pay six figure cosmetic surgery compensation to the Claimant which represented damages for pain and suffering, future surgery costs and compensation for the impact on her career.
James Bell is a Clinical Negligence Lawyer at Slater and Gordon in London.
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