Summary:
Carbone Lawyers has obtained a significant settlement for a woman who endured severe physical and psychological trauma due to medical malpractice and post-operative negligence. The surgeon, who falsely presented themselves as a qualified plastic surgeon, performed a procedure that resulted in life-threatening complications, including a significant haematoma and permanent disfigurement. The client’s foresight in documenting the events provided irrefutable evidence, leading to a substantial out-of-court settlement just before trial. The case highlights a serious breach of duty of care and informed consent.
Key Points:
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The surgeon misrepresented their credentials, falsely representing to be a plastic surgeon to a client who had explicitly made clear she wanted a plastic surgeon to perform the medical procedures.
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The client suffered severe post-operative complications, including a life-threatening haematoma, due to the surgeon’s negligent advice and failure to provide proper care.
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An investigation from the Australian Health Practitioner Regulatory Agency (AHPRA) into the surgeon’s conduct, and overwhelming video and communication evidence, led to a significant settlement, which was finalised to avoid the public exposure of a trial.
Case Details:
The client, a woman in her 40s, visited an established cosmetic surgery clinic to inquire about a “mummy makeover” to enhance her appearance. She specifically requested and was made to understand by the clinic and the surgeon that the person performing the procedure would be a certified plastic surgeon.
Subsequent investigation uncovered that the clinic’s website, marketing and all consent forms had falsely referred to the surgeon as a “plastic surgeon,” a fact that directly contradicted the practitioner’s actual credentials as a cosmetic surgeon.
Unaware of the discrepancy of this material fact, the women agreed to undergo a breast lift (mastopexy) and tummy tuck (abdominoplasty) in a same-day surgery procedure. The initial breast lift was successful, but the abdominoplasty fell short of her expectations, prompting the surgeon to offer a revision.
This second procedure was also performed as a day surgery and resulted in a host of adverse consequences. The woman was discharged with a surgical drain, which later dislodged and leaked blood and fluid in the home. She was also fitted with a compression garment incorrectly, which caused her to urinate on herself. She experienced pain, nausea, vomiting, dizziness and fainting.
During this period, the woman repeatedly contacted the surgeon via text and phone calls, describing her worsening condition. However, the surgeon did not advise her to seek immediate medical attention; instead, they downplayed the severity of her condition.
As her condition deteriorated and she began to fear for her life, she presented to a hospital where an ultrasound revealed she had developed a massive hematoma, which needed to be drained.
The client’s recovery was fraught with permanent disfigurement, including terrible scarring, a misplaced belly button, and loose, saggy skin. The physical trauma was compounded by severe psychological distress, including anger, distrust, depression and PTSD from the experience.
The client had the foresight to document her experience with video and photos and keep a detailed record of messages and correspondence throughout the entire ordeal. This provided an ironclad foundation for the legal claim.
Outcome:
The case was scheduled to proceed to trial, but a mediation resulted in a significant monetary settlement for the client in the vicinity of half a million dollars to compensate for the disfigurement and psychiatric harm she sustained.
