Set of facts:
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.
You are the attorney for the defendant and you are requested to draft a legal opinion in which you respond to the claim set out by the plaintiff. You should explain specifically which defences are available to you client and what advice you would give to him in the particular case.
note the plaintiff's claim is as follows:
1)Pain and suffering
2)Medical expenses
3)Loss of income
4)Loss of amenities to life
5)Scarring and disfigurement
Legal Opinion:
It is noted that Ms Fabulous is claiming medical negligence against Dr Fuller for the allergic reaction she suffered after the lip filler procedure. In response to the claim, there are several defenses available to Dr Fuller.
Firstly, Dr Fuller can argue that he provided Ms Fabulous with all the necessary information about the lip filler procedure, including the potential risks and side effects. He explained to her that there may be minor side effects such as swelling, tenderness, and bruising. It can be argued that Ms Fabulous made an informed decision to proceed with the procedure despite being aware of these risks.
Secondly, Dr Fuller can argue that the allergic reaction suffered by Ms Fabulous was a very rare occurrence and could not have been reasonably foreseen. Allergic reactions to dermal fillers are uncommon, and Dr Fuller followed standard medical procedures during the administration of the filler.
Thirdly, Dr Fuller can argue that Ms Fabulous contributed to the harm by using over-the-counter ointment instead of immediately contacting a doctor when the sores appeared. It can be argued that if Ms Fabulous had sought medical attention promptly, the severity of the reaction could have been minimized.
In light of these defenses, it is advised that Dr Fuller should vigorously defend the claim of medical negligence brought against him by Ms Fabulous. It is essential to gather evidence, such as medical records and expert testimony, to support the defenses mentioned above. Dr Fuller should also consider negotiating a settlement with Ms Fabulous to avoid costly and protracted legal proceedings. It is crucial to protect Dr Fuller's reputation and professional standing in the medical community.