Hammond v Blackstock

The plaintiff, Ms. Hammond, initiated legal action against Dr. Blackstock, her cosmetic surgeon, in the Supreme Court of New South Wales, alleging professional negligence arising from complications following breast augmentation surgery. Ms. Hammond sought damages for the physical and psychological harm she experienced as a result of the surgery. The court was tasked with determining whether Dr. Blackstock's actions constituted professional negligence, and if so, to assess the appropriate quantum of damages to be awarded to Ms. Hammond.

The primary legal issues for the court to address included whether Dr. Blackstock breached the standard of care expected of a cosmetic surgeon, and if such a breach caused Ms. Hammond's injuries. The court examined whether Dr. Blackstock properly informed Ms. Hammond of the risks associated with the surgery, and whether he exercised the requisite skill and care in performing the procedure. Furthermore, the court needed to consider the various heads of damages claimed by Ms. Hammond, including medical expenses, loss of income, pain and suffering, and other consequential losses.

The court found that Dr. Blackstock did breach the standard of care by failing to adequately inform Ms. Hammond of the risks and by not exercising the necessary skill and care during the surgery. The evidence demonstrated that Dr. Blackstock's actions led directly to the complications Ms. Hammond experienced. In assessing the damages, the court considered the extent of Ms. Hammond's injuries, her medical expenses, loss of income, and the impact on her quality of life. After thorough deliberation, the court awarded Ms. Hammond $1,378,241.70 in damages, reflecting the totality of her losses.

In its final orders, the court rendered judgment in favour of Ms. Hammond, ordered Dr. Blackstock to pay her the awarded damages, and mandated that the exhibits be returned. Additionally, the court instructed that a certificate be filed evidencing that no professional fees were charged for the wasted listing of the matter on 21 February 2023. The court also reserved the right to make further orders if necessary.