Woman Suing After Cosmetic Surgery Scarring

Woman Suing After Cosmetic Surgery Scarring

A woman from Wales is suing a cosmetic surgery clinic after she underwent surgery on her face.

The woman, referred to in her notes as Mrs [X] in her 40’s, is taking the Elyzea Cosmetic Surgery Group to court and suing for personal injury after she experienced medical negligence when having a face-lift and upper and lower eye surgery in 2005.

The woman says she is now embarrassed to be seen in public and claims that she has been left with prominent scarring around the eyes and the ears. She says she has also experienced numbness of the face and a ‘lack of symmetry’ on the left side of her face. To hide the scarring she has had to grow her hair long.
Case significance in the UK
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The case is significant as although the procedure took place in Belgium, she is bringing a test case against the clinic in this country.

This could help to pave the way for other patients who may have received botched healthcare abroad, but want to sue in the UK, where they can expect bigger payouts.

The Italian surgeon who carried out the four-hour operation is understood to have 24 separate complaints lodged against him. But the clinic, which has offices in central London and Manchester, denies any liability.

It says that because the surgery was carried out in Brussels it is subject to Belgian law, which states that the individual surgeon is legally responsible for any personal injury claims, not the firm.

A spokeswoman for the clinic said that there was no legal duty to pay compensation to the patients, although she accepted they had moral responsibility to put things right.

Laurence Vick, the solicitor who is representing the woman, says that after her post-operative swelling had settled down she lost sensation and movement in the left side of her face.

The woman reported the problem to Elyzea in the UK after her return and met with the surgeon at Elyzea’s London clinic in July 2005 to discuss her concerns.
Belgium Vs British Jurisdiction

An unsuccessful corrective operation was carried out at Elyzea’s Brussels clinic in October 2007. Mr Vick added that according to a recent consultation with a maxillofacial surgeon, the injury to the left side of her face is going to be long-term, if not permanent.

Ms Antonia Whally, the assistant to the clinic’s director, said the clinic was itself trying to trace the surgeon, who she said ‘had not responded to emails and letters.’

She also added that: “There’s a big issue concerning Belgian and British jurisdiction and this has been pointed out to Mrs [X].”

“The surgeon himself is accountable. We’ve tried to get into contact with him but he is behaving like an ostrich, which is not acceptable. We have lawyers working on the case who are actively pursuing him.”

She concluded: “From a moral point of view we are providing aftercare to correct errors. But generally patients are not reimbursed.”

In 2005, Elyzea Cosmetic Surgery reported that it’s team of 21 plastic surgeons saw nearly 2,000 British patients every year, more than the number of Belgian clients they saw.

Do you think you may have grounds for a medical negligence claim? Talk to our experts in personal injury now and find out if you could make a claim.

Article from articlesbase.com

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