£45,000 compensation for negligent cosmetic eye surgery

Compensation of £45,000 was paid in an out of Court settlement to a 55 year old woman who suffered severe irritation to her eyes and severe headaches following cosmetic surgery at a private clinic to enhance the skin around her eyes.

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Case details

Injury details

This lady was 51 years old when she had cosmetic surgery around her eyes at a private clinic. The surgery was performed in a day clinic and she was sent home with a warning that she would suffer some discomfort around her eyes which should last no more than 14 days.

Four days later the claimant went back to the clinic because her eyes were very sore and swollen. She was reassured by nurse at the clinic. Shortly afterwards the pain in the claimant's eyes increased causing her to suffer from headaches.

She was advised by staff at the clinic to go to her local A&E where she was admitted for neurological investigations. She was advised to get a second opinion from another plastic surgeon but in the meantime the defendant referred her to an eye specialist for investigations.

The specialist discovered that the claimant's eyes had been sutured incorrectly and were being irritated by the stitches. Also the stitches in her left eye had failed so she was left with a drooping eyelid on the left hand side.

The claimant had to pay for and undergo additional cosmetic surgery to correct the injury.

Allegation

It was alleged by the claimant that defendant's surgical technique was defective.

The defendant denied liability and alleged that the stitches had been dislodged as the result of an infection or the body's natural rejection process.

The defendant's medical expert put forward the view that the stitches could have failed because the claimant rubbed her eyes and therefore she could have caused the injury herself.

There were no long-term adverse consequences of the negligence.

Settlement and conclusion

After some negotiation the claim was settled out of Court by means of a Part 36 offer in the sum of £45,000

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Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.

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