QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL |
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B e f o r e :
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TRACEY GILES |
Claimant |
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DR ALEXANDRA CHAMBERS |
Defendant |
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Simon Butler (instructed by Gunner Cooke LLP Solicitors) for the Defendant
Hearing dates: 28,29,30 and 31 March, 16 &17 May
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Crown Copyright ©
His Honour Judge Graham Wood QC :
Introduction
Factual Background
Photographs
Issues
(1) What type of cosmetic surgery to her legs had the Claimant requested and contracted for with the Defendant? Was it the high definition sculptured look as the Defendant contends, or was it a more modest removal of cellulose tissue to create a feminine look, as the Claimant contends? If this issue is resolved in favour of the Claimant it may be immaterial whether there were any other failures in the cosmetic process.
(2) Was the Defendant negligent and/or in breach of duty in the way in which she performed the cosmetic surgery?
(3) If so, has the final outcome been caused or contributed to by any such negligent failures?
Facts in dispute
(i) The desired outcome
(ii) The amount of fat aspirated and the actual outcome
The desired outcome
"in our discussion I understand that you would like to get more toned up and slender looking thighs…"
In her evidence the Defendant interpreted this as amounting to a discussion about exposing muscles, whereas the Claimant agreed she wanted some toning and more slender thighs, but nothing near the high definition which was actually undertaken.
The amount of fat removed
The expert evidence
Mr Nishikawa
Dr Glancey
The psychiatric evidence
The respective submissions
Claimant
Defendant
Discussion
Causation
Quantum
General damages
Psychiatric issue
Physical injury issue
PSLA overall
Loss of congenial employment
Past gratuitous care
Past loss of earnings
Reconstructive surgery
Psychiatric treatment
Travel
Miscellaneous
Index operation
FUTURE LOSSES
Future medical treatment
Future loss of earnings
Future care
Future transport
Miscellaneous
Head of Loss | Figure assessed | Interest |
General damages for PSLA, including cosmetic and psychiatric consequences | £45,000 | £1,683 |
Loss of congenial employment | £5000 | £187 |
Total Generals | £50,000 | |
Past losses | ||
Gratuitous care | £780.90 | |
Lost earnings | £6040 | |
Reconstructive surgery | £40,413.57 | |
Psychiatric treatment | £13,484.40 | |
Travel | £1467.20 | |
Miscellaneous | £1000 | |
Index operation | £0 | |
Total Past losses | £63,186.07 | |
Interest at non-disputed rate 1.18% | £754.60 | |
Future losses | ||
Future revision surgery | £24,000 | |
Future psychiatric treatment | £5000 | |
Future loss of earnings | £7500 | |
Future care | £500 | |
Future travel | £490.40 | |
Miscellaneous | £1000 | |
Total future loss | £38,490.40 |
Conclusion