Question 3 (10 Marks)

Kim goes to see a plastic surgeon, Dr Majistic, to have her slight nose bump removed. She says to Dr Majistic I wish to look like I have a straight nose

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

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

During the procedure the knife slips and Kim is left with a permanent scar. Also, her nose, although straighter, still has a slight bump.

Advise Kim:

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

According to australian law in about 400-500 words