Karen went to Dr. Jacques' weight loss clinic to receive cold body sculpting which was to help speed up weight loss without surgery. The plastic surgeon explained the procedure and advised Karen of the risks associated with the procedure including some numbness for 2 to 24 hours after the procedure. Karen learned that it would be done by a technician not the actual surgeon but was assured that the technician was fully trained in the procedure.

The technician did not do a sample test and refused to stop the treatment when Karen complained that it was more painful than she had been told. As a result of the procedure, Karen experienced ongoing nerve pain and significant numbness in her legs which prevented her from being able to walk and do her job as a teacher.

a. Can Karen sue Dr. Jacques for compensation for her injuries? Please provide a full (five step) analysis in support of your answer. (13 marks)

b. Are there any special defences (i.e., a defence other than "I am not negligent") available to Dr. Jacques? If so, which one and why is it available? (2 marks)

c. List and describe three (3) types of damages that Karen could claim for and give an example of the kind of losses that they would cover. (6 marks)