Clark v Blackstock [2023] NSWDC 60

Clark v Blackstock [2023] NSWDC 60

The Court found Dr Blackstock breached the duty of care owed to the plaintiff, resulting in deformity, scarring, pain, psychological injury, and financial loss, and awarded damages based on medical and psychiatric evidence.

Source-derived case information.

Parties
Plaintiff: Rachael Clark; Defendant: Leslie Blackstock
Jurisdiction
Australia
Judgment Date
17 March 2023
Procedural Posture
Professional Negligence Claim / Default Judgment; Assessment of Damages
Outcome
Verdict and judgment for the plaintiff for the sum of $304,000; costs awarded to plaintiff; additional procedural and administrative orders.
Legal Topics
Professional Negligence, Cosmetic Surgery, Damages Assessment
Torts Professional Negligence Medical Law Cosmetic Surgery Damages Assessment

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Parties

Rachael Clark

Plaintiff

Leslie Blackstock

Defendant

Procedural Posture

Professional Negligence Claim / Default Judgment; Assessment of Damages

Legal Issues

  1. 1 Whether Dr Blackstock's performance of breast implant removal and replacement surgery amounted to professional negligence
  2. 2 Assessment of damages for adverse results from cosmetic surgery

Ratio Decidendi

The Court found Dr Blackstock breached the duty of care owed to the plaintiff, resulting in deformity, scarring, pain, psychological injury, and financial loss, and awarded damages based on medical and psychiatric evidence.

Court Disposition

Verdict and judgment for the plaintiff for the sum of $304,000; costs awarded to plaintiff; additional procedural and administrative orders.

Orders

  • Verdict and judgment for the plaintiff in the amount of $304,000
  • The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered