Edit Court 54 million pound plastic surgery claim

<p style="margin: 0cm 0cm 10pt;">What does this mean for the future of the British aesthetic industry? In the past a number of cases involving ‘botched’ procedures have made headlines and continues to portray a negative image of the industry.  Aesthetic experts fear this latest decision will set a precedent and open the floodgates for legal action.  Especially considering that the compensation for the after effects of surgery is currently unregulated and uncapped. Meanwhile the amount pertaining to the severity of the physical injury is currently capped at £200,000. When taking into account the £80 000 Mrs Johnson received – less than half the maximum amount – we can see that the majority of the £6.2 million damages relate to the after effects of the surgery i.e. earnings lost. As Mrs Johnson ran a multi-million pound company with earnings of around £600,000 annually it raises the question:   In the same situation would a hairdresser earning £12 000 a year get the same amount of compensation? </p> <p style="margin: 0cm 0cm 10pt;"><strong>President of the British Association of Aesthetic Plastic Surgeons (<a href="http://www.baaps.org.uk/" target="_blank" rel="nofollow noopener">BAAPS</a>) called the £6.2 million figure “disproportionate” when compared to the typical compensation <a href="http://www.newsoftheworld.co.uk/notw/public/pub_campaigns/military_covenant/1287285/Read-his-inspiring-story-and-find-out-how-you-can-back-campaign-for-military-covenant.html" target="_blank" rel="nofollow noopener">soldiers</a> receive after the loss of a limb and who require care for the rest of their lives.   </strong>  </p> <p style="margin: 0cm 0cm 10pt;">So where does the responsibility lie when a situation like this arises? Taking into account that the surgery was voluntary and although Dr Fourie has admitted liability, the fact remains that regrettably facial nerve complications do arise. Many feel that £6.2 million is unfair; especially when we consider the following:</p> <p style="text-indent: -18pt; margin: 0cm 0cm 0pt 36pt;">1)      The procedure was undertaken as a mutual decision between surgeon and patient. </p> <p style="text-indent: -18pt; margin: 0cm 0cm 0pt 36pt;">2)      Mrs Johnson had undergone a previous breast augmentation. Therefore, she arguably had basic experience with cosmetic enhancement and would have had the possibility of complications explained to her.</p> <p style="text-indent: -18pt; margin: 0cm 0cm 10pt 36pt;">3)      Mrs Johnson herself chose to undertake the surgery for admitted “vanity” reasons. It was a voluntary decision; an elective surgery not based on any medical condition, she approached Dr Fourie and was not under duress.  </p> <p style="margin: 0cm 0cm 10pt;"><strong>There’s no arguing that Mrs Johnson has suffered emotionally and physically as a result of the procedure and it’s comforting to know that the law will take action in cases like this. Likewise, Dr Fourie has suffered nationwide recrimination and will have to bear not only the guilt of his actions, but will hinder his practice and his ability to reach people considering cosmetic enhancement in the future. (A shame in particular as he currently volunteers correcting facial deformities amongst Ethiopia’s poorest people caused by a flesh eating virus known as NOMA)    </strong></p> <p style="margin: 0cm 0cm 10pt;"><strong>It seems in this unfortunate situation I must agree with <a href="http://www.consultingroom.com/Blog/Display.asp?Blog_ID=162&%60The-judge-will-be-sensible%60-in-face-lift-legal-action" target="_blank" rel="noopener">Dr Cat Chein</a> who said; “Lawyers are the only real winners in this case.”</strong></p>

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