Kelly v Blackstock

Kelly sued Blackstock, a medical practitioner, over professional negligence in performing breast augmentation and labioplasty surgery that resulted in adverse outcomes. The dispute was heard in the Supreme Court of New South Wales. The plaintiff sought damages for the physical, psychological, and economic impact of the surgery. The court was tasked with determining the validity of the claims and assessing the appropriate quantum of damages if any were found to be valid.

The court examined the standard of care expected from a medical practitioner in cosmetic surgery and whether Blackstock had breached this standard. It considered the evidence of the physical and psychological harm suffered by Kelly and the economic losses incurred, including costs for corrective surgery and lost income. The court also evaluated the expert medical evidence presented regarding the causation of the adverse outcomes and the extent of Kelly's suffering. In reaching its decision, the court applied the principles of negligence, focusing on whether Blackstock's actions fell below the expected standard of care, and if so, how this directly caused the plaintiff's damages.

After thorough consideration of the evidence and arguments, the court found that Blackstock was negligent in performing the surgeries, which directly caused the plaintiff's injuries. It awarded Kelly $435,000 in damages, reflecting the physical, psychological, and economic impacts of the surgery. The court also ordered that Blackstock pay Kelly's costs and specified that Kelly's solicitor must file a certificate ensuring no fees were charged for the wasted listing of the matter on 21 February 2023. The final orders included the judgment amount, costs, and the procedural requirement for the certificate of no additional fees.