Summary:
A routine cosmetic liposuction procedure turned into a medical nightmare for a fitness professional when the surgeon punctured her lung and subsequently blocked her phone number to avoid accountability. The case centred not only on the physical trauma of the injury but also on a gross failure of the informed consent process and the severe psychological distress caused by the surgeon’s abandonment of his patient. Despite the surgeon’s initial attempts to “go to ground,” Carbone Lawyers’ legal action resulted in a significant six-figure settlement that addressed the client’s total loss of trust in the medical profession.
Key Points:
- Negligent Surgical Technique: It was alleged that the surgeon used “too much force” during a liposuction procedure, leading to an immediate but initially undiagnosed punctured lung.
- Failure of Informed Consent: The patient never consulted with the surgeon regarding risks prior to the operation; instead, consent forms were processed by a nurse, leaving the patient unaware of potential life-threatening complications.
- Professional Abandonment: Upon being notified of the injury, the surgeon blocked the patient’s phone number and refused to provide post-operative care or guidance.
- Psychological Damages: The claim focused heavily on the profound psychological impact of the surgeon’s behaviour, which left the client incapacitated and unable to trust medical providers.
Case Details:
The client, a personal trainer in peak physical condition, sought a minor liposuction procedure. In a departure from standard medical practice, she was never granted a pre-operative consultation with the performing surgeon. All administrative and “informed” consent processes were handled by a nurse, and at no point was the risk of a pulmonary puncture disclosed.
During the surgery, the practitioner allegedly used excessive force, causing a perforation of the lung. In the days following the procedure, the client experienced escalating pain and respiratory difficulty. Initially dismissing the symptoms as standard post-surgical discomfort, her condition worsened until she sought a second opinion from an independent doctor. A subsequent hospital scan confirmed the punctured lung.
When the client attempted to contact the surgeon to report the diagnosis and seek help, the surgeon “went to ground,” eventually blocking her phone number entirely. It was only a week later, after mounting pressure, that he agreed to meet the client and her husband. In that meeting, the surgeon admitted fault, refunded the $5,000 procedure fee, and paid a nominal amount for her immediate time off work. However, the physical recovery was overshadowed by a deep-seated psychological trauma. The client, whose career and lifestyle relied on physical health and professional trust, found herself unable to function or interact with the medical system, leading to a comprehensive legal claim for psychological injury.
Outcome:
Although the surgeon initially attempted to settle the matter privately with a refund and a small payment, a formal medical negligence claim was pursued to address the full extent of the psychological damage. The defence eventually conceded, leading to a six-figure settlement, plus the full payment of the client’s legal costs. The settlement acknowledged that the surgeon’s breach of duty extended far beyond the operating table to a fundamental abandonment of patient care.
