£67,400 awarded following negligent liposuction
Compensation of £67,400 was awarded at the High Court in London to a 36 year-old male who suffered permanent injuries as a result of the negligent performance of facial liposuction.
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The claimant, who had been working as a model in the late 1980s, consulted the defendant surgeon in 1988 about the possibility of undergoing facial liposuction in order to improve his appearance and therefore his career prospects.
The claimant decided to proceed with the operation. The procedure involved the removal of fat from parts of his face. More fat was removed from certain parts of his face than was thought to have been needed, and this left the claimant looking thin.
The defendant attempted to remedy the outcome of the first procedure by injecting skin from other parts of the claimant's body on to his face. However, this series of injections was unsuccessful, as the claimant's skin was uneven and swollen in places.
The claimant did not suffer any significant or sustained physical pain as a result of his injuries, however he remained very distressed and suffered from psychological stress. He felt compelled to put on extra weight in an attempt to mitigate against the affects of his facial liposuction.
The matter progressed to a High Court hearing.
The claimant accused the defendant of negligently carrying out the first and subsequent procedures. Crucially, the defendant had not advised the claimant on whether facial liposuction was the best option, nor on the risks attached to the procedure.
The judge found that there had been an obvious change in the claimant's appearance as a result of the procedure, who's face was thinner.
In considering a claim for loss of earnings, it was considered that the claimant had good prospects for a career as a male model prior to the operation, and that a future loss figure should be included the judge's calculation of damages.
A total of £67,400 was awarded to the claimant, excluding interest.
£62,400 of this figure was awarded for loss of earnings, with £5,000 constituting damages for pain, suffering and loss of amenity.
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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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