Summary of Recent Cases – Substantive Law


DAMAGES

Claimant Awarded General Damages of £80,000 For Negligently Performed Plastic Surgery

Johnson v. Le Roux Fourie, QBD, 23/5/11

Owen J awarded the Claimant general damages of £80,000.00 for pain, suffering and loss of amenity in respect of negligently performed plastic surgery. The surgery has caused permanent damage to the Claimant’s facial nerve, which resulted in abnormal and spontaneous facial movement which presented as an abnormal grimace. The Claimant had also been left with one breast higher than the other and which was of an odd shape with unsightly scarring. Furthermore, the physical injuries had led to a prolonged adjustment disorder with symptoms of anxiety and depression. Owen J assessed general damages on the basis that the Claimant had been left with significant cosmetic disability of which she was extremely self-conscious and which had led to devastating psychological effects. In the instant case, the physical disfigurement and psychological injury were so inter-related that Owen J held that separate assessment was inappropriate.

June 19, 2011 В· Editorial Team В· Comments Closed
Posted in: Cases