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PENNY JOHNSON v LE ROUX FOURIE

General damages of £80,000 were appropriate in the case of a woman who had suffered serious physical and psychological harm after undergoing negligently performed plastic surgery.

31 May 2011

The court was asked to assess the damages due to the claimant (J) following an admission by the defendant plastic surgeon that surgery carried out on her had been performed negligently. The surgery, which had been performed in 2003 when J was 41, had caused permanent damage to her right facial nerve, resulting in an abnormal spontaneous facial movement which presented as an abnormal grimace and was exacerbated by fatigue or stress. As a result of surgery to her breasts, J's left breast was now higher than the right and was an odd shape with unsightly lumpy scarring. She had also begun to experience episodes of sharp pain and intense aching in her left breast. The physical injuries had resulted in a prolonged adjustment disorder with features of anxiety and depression. J had been a confident, happy and very successful woman with a full and rewarding family and social life. Her injuries and their psychological consequences had considerably undermined her confidence and ability to oper...

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