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Whatever the answers to those questions, the Court is likely to be influenced by claims made by or on behalf of the surgeon who is being sued. Many clinics make claims about their surgeons. If a surgeon benefits from advertising by the clinic, then surely he or she has some responsibility for the content of that advertising. A patient might reasonably consider that a claim that "our surgeons are leaders in their field" or that a particular clinic is a "centre of excellence" for breast augmentation, is genuine: the standard of care and skill that a patient is entitled to expect from their surgeon working for such a clinic might well be higher than that of the ordinarily competent surgeon.