Clark v Blackstock

In the matter of Clark v Blackstock, the plaintiff, Ms Clark, sought compensation from the defendant, Dr Blackstock, for professional negligence related to a cosmetic surgery procedure. Ms Clark underwent breast augmentation surgery performed by Dr Blackstock, which resulted in complications and unsatisfactory outcomes. She subsequently initiated legal proceedings against the surgeon, claiming damages for the physical and emotional distress, and the additional medical expenses incurred as a result of the surgery. The case was heard by the Supreme Court of New South Wales.

The primary legal issues before the court were whether Dr Blackstock breached the standard of care owed to Ms Clark, and if so, the extent of damages that Ms Clark was entitled to claim. The court had to determine the appropriate assessment of the heads of damage claimed by Ms Clark, which included medical expenses, lost wages, and non-economic losses such as pain and suffering.

The court found that Dr Blackstock did indeed breach the standard of care by failing to adequately inform Ms Clark of the potential risks associated with the surgery and by not performing the procedure with the necessary level of skill and care. The court also considered the evidence presented regarding the physical and emotional harm suffered by Ms Clark, and the financial impact of the complications. In assessing the damages, the court took into account the medical expenses incurred, the lost wages, and the non-economic losses experienced by Ms Clark. The court awarded Ms Clark a total of $304,000 in damages. Additionally, the court ordered that the defendant was to pay the plaintiff’s costs on the ordinary basis unless otherwise ordered. The exhibits were to be returned, and the plaintiff’s solicitor was required to file a certificate with the Court file evidencing that no professional fees were charged for the wasted listing of the matter. The parties were granted liberty to apply if further or other orders were required.