What happened

Following surgery in 2016, the plaintiff experienced pain, infection and adverse cosmetic results requiring remedial treatment, including implant removal. The Court accepted that she had worked successfully as a nurse despite managed pre-existing health conditions and that the surgical consequences severely damaged that capacity.

The issues

Liability had already been established by default, leaving damages to be proved without the defendant's participation. The Court had to value the loss of nursing work while accounting for some alternative earning capacity, pre-existing conditions and future treatment and assistance.

The court's decision

The Court assessed earnings loss by reference to nursing work and allowed an offset for income from other employment. It awarded non-economic loss, earnings and superannuation loss, domestic assistance and treatment expenses, with an ordinary costs order against the defendant.

Understanding the figures

The historical AUD 1,378,241.70 award included non-economic loss of 296,000, past earnings loss of 300,000 and future earnings loss of 422,448. Future earnings reflected a 20% contingency allowance against projected nursing income followed by a 250,000 offset for residual earning capacity; costs were separate.

What this case shows

The consequences of cosmetic surgery can extend beyond appearance to proven psychiatric disability, occupational function and future treatment. Pre-existing illness and some remaining ability to work call for an evidence-based adjustment rather than an assumption of either total loss or no loss.

Why another case may differ

This was a damages assessment following default, rather than a contested trial of professional liability. It is an individual 2023 assessment under the Civil Liability Act; the 42% most-extreme-case assessment was not a whole person impairment rating or a tariff for other cases.

Applying it to your claim

Different facts, evidence or procedures, an appeal, or a change in the law may affect how this decision applies. This is general information, not a report of a case handled by Park & Co Lawyers.

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