Jane goes to see a plastic surgeon, Dr Emanuel, to have her double chin altered. She says to Dr Emanuel "I wish to look like I only have one chin"

Dr Emanuel agrees that he can operate to achieve that result.

The patient agreement states that "Dr Emanuel will not be liable for any failure and/ or negligence on his part that might occur during the plastic surgery procedure" Jane signs this agreement.

During the procedure the knife slips and Jane is left with a permanent scar. Also, her chin, although reduced, still has a double chin appearance.

Advise Jane

1. What remedy in law could Jane pursue regarding the scar?
2. Would the exclusion clause have any affect? If so, why? If not, why?
3. What legal provisions could Jane use for the failure to fix her chin?
4. Are there any cases that assist your answer?