The plaintiff had cancer in one breast, however, she was informed by the defendant that she ought to have both breasts removed as her cancer may return.
Facts as alleged by the plaintiff
After much consideration, the plaintiff agreed with the defendant’s surgical plan. The defendant then pressured the plaintiff into a further complex reconstruction.
The defendant made numerous misrepresentations to the plaintiff about the type of cancer she had, the way in which the surgery would occur, the type of implants, his experience, his qualifications and the outcome of the surgery.
It was alleged that due to the defendant’s lack of knowledge and expertise the surgery failed. The outcome was poor, the implants were uneven and improperly positioned, the nipples had died, the breast tissue was becoming necrotic and infection had set in.
The plaintiff was concerned about her heath and had made numerous complaints to the defendant. However, the defendant failed to act or address the plaintiff’s concerns.
The plaintiff was left to seek her own medical assistance which resulted in the plaintiff attending the emergency department where she was made an immediate inpatient with a severe life-threatening infection. The plaintiff underwent immediate removal of the implants.
It was alleged the defendant provided improper advice to the plaintiff, failed to properly diagnose the type of cancer, failed to exercise due care and skill during surgery and aftercare, and as such, had caused the plaintiff significant irreparable damage.
Garling & Co Lawyers was able to settle the matter and mediation. The plaintiff was satisfied with the resolution. While the plaintiff cannot get back what she once had, the compensation has allowed the plaintiff to undertake revision surgery and move on with her life.
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