Jane goes to see a plastic surgeon, Dr Emanuel, to have her double chin altered. She says
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Question:
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
- What remedy in law could Jane pursue regarding the scar?
- Would the exclusion clause have any affect? If so, why? If not, why?
- What legal provisions could Jane use for the failure to fix her chin?
- Are there any cases that assist your answer?
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