Ms Fabulous is a receptionist at a large law firm. She also considers herself an influencer with over 5000 followers on social media. She has always wanted fuller lips and makes an appointment with a Dr Fuller for a lip filler. Lip fillers are injections that give lips a more plump and full appearance. It is more generally referred to as dermal fillers.
Dr Fuller explains to Ms Fabulous that the lip filler procedure takes just a few minutes and is minimally invasive. The procedure is not permanent, and she will need future injections to maintain the lip fullness the filler creates. He further explains that she may have swelling or tenderness and bruising after the procedure, though the side effects should be minor. He also gave her a brochure that explained the aftercare procedure that she needed to follow.
The procedure goes according to plan, and after the initial slight bruising, Ms Fabulous’ lips have healed, and she is happy with the outcome. Almost six weeks after the procedure, Ms Fabulous develops what looks like a cold sore on her lip. She gets over-the-counter treatment for the cold sore, which appears to make it worse. When more sores appear, she makes an appointment with Dr Fuller, who informs her that she has a delayed allergic reaction to the filler that was used. By this time, the sores on Ms Fabulous’ lips appeared swollen and inflamed. Dr Fuller informed her that he had to refer her to an immunologist to treat the severe allergic reaction. Ms Fabulous was admitted to the hospital and incurred considerable expenses for the treatment.
Ms Fabulous was not able to work for six (6) weeks. The employer granted her sick leave payment for two (2) weeks and unpaid leave for the remainder of the time. She recovered well after the treatment although the sores left scars on her lips that would fade over time but never entirely disappear.
Ms Fabulous wants to institute a claim for medical negligence against Dr Fuller for the ordeal that she has been through. She felt humiliated by the experience and she incurred considerable expenses.
When she confronted Dr Fuller he told her that the allergic reaction that she suffered was very rare. He also said that she had contributed to the harm by using over-the-counter ointment, which worsened the reaction, instead of immediately contacting a doctor.
Instructions:
Find a teammate in class. One of you will be the attorney for the plaintiff (Ms Fabulous) and the other for the defendant (Dr Fuller).
Attorney for plaintiff: draft a legal opinion in a PowerPoint presentation in which you set out the claim for the plaintiff. Explain specifically:
whether your client’s claim is based on contract or delict;
the types of harm suffered;
the damages claimed on her behalf. elaborate whether Ms fabulous has a claim or not support with cases
Legal Opinion
Client: Ms Fabulous
Attorney for the Plaintiff
Claim Basis:
Ms Fabulous' claim is based on delict, specifically medical negligence. Dr Fuller owed a duty of care to Ms Fabulous as her healthcare provider, and by failing to properly inform her of the risks associated with the lip filler procedure and failing to promptly treat the allergic reaction, he breached this duty.
Types of Harm Suffered:
1. Physical harm: Ms Fabulous suffered from severe allergic reaction to the lip filler, resulting in swollen and inflamed sores on her lips, leading to hospitalization and scarring.
2. Emotional harm: Ms Fabulous experienced humiliation and distress as a result of the ordeal she went through, including incurring considerable expenses for treatment.
3. Financial harm: Ms Fabulous incurred medical expenses for treatment, lost wages due to inability to work for six weeks, and will continue to bear the cost of any future treatment for the scarring on her lips.
Damages Claimed:
1. Medical expenses: Ms Fabulous is claiming the cost of treatment for the allergic reaction and any future treatment for the scarring on her lips.
2. Loss of income: Ms Fabulous is claiming compensation for the wages she lost during the six weeks she was unable to work.
3. General damages: Ms Fabulous is claiming compensation for the emotional distress and humiliation she suffered as a result of the medical negligence.
4. Additional damages: Ms Fabulous may also be entitled to claim punitive damages, given the severity of the harm caused by Dr Fuller's actions.
In conclusion, Ms Fabulous has a valid claim for medical negligence against Dr Fuller, and we will seek to recover damages on her behalf to compensate for the harm she has suffered.