Turner v Blackstock [2019] NSWDC 102

Turner v Blackstock [2019] NSWDC 102

The defendant's unprofessional and incompetent performance of the surgery and subsequent management caused the plaintiff to suffer significant complications, scarring, psychological distress, and expense. Damages were assessed based on statutory principles at 32 per cent of a most extreme case, plus out-of-pocket expenses.

Jurisdiction
Australia
Judgment Date
05 April 2019
Procedural Posture
Civil / Damages Assessment After Default Judgment
Outcome
Judgment for the plaintiff
Legal Topics
['professional Negligence' 'damages Assessment' 'medical Malpractice' 'non Economic Loss' 'out of Pocket Expenses']
['torts' 'medical Negligence'] ['professional Negligence' 'damages Assessment' 'medical Malpractice' 'non Economic Loss' 'out of Pocket Expenses']

Case Brief

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Procedural Posture

Civil / Damages Assessment After Default Judgment

Legal Issues

  1. 1 ['Whether the defendant was negligent in performing breast augmentation surgery' 'Assessment of damages for non-economic loss and out-of-pocket expenses']

Ratio Decidendi

The defendant's unprofessional and incompetent performance of the surgery and subsequent management caused the plaintiff to suffer significant complications, scarring, psychological distress, and expense. Damages were assessed based on statutory principles at 32 per cent of a most extreme case, plus out-of-pocket expenses.

Court Disposition

Judgment for the plaintiff

Orders

  • ['Verdict and judgment for the plaintiff in the amount of $204,607.50' "The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered" 'The exhibits may be returned' 'Liberty to apply on 7 days notice if further or other orders are required']