Stevens v Blackstock

Stevens v Blackstock is a case concerning a claim for professional negligence in relation to medical treatment. The plaintiff, Stevens, alleged that the defendant, Blackstock, a cosmetic surgeon, was negligent in performing breast augmentation surgery, resulting in adverse outcomes. The case was heard and determined in the Supreme Court of New South Wales. The primary focus of the court was to assess the validity of the plaintiff’s claims and to determine the appropriate compensation if any professional negligence was found.

The legal issues the court had to address involved whether the defendant breached the standard of care owed to the plaintiff during the surgery, and if so, what damages were appropriate. The court examined the medical evidence and expert opinions to establish the standard of care in cosmetic surgery and whether the defendant’s actions deviated from this standard. Additionally, the court considered the specific damages claimed by the plaintiff, including physical pain and suffering, emotional distress, and any economic losses attributable to the surgery.

The court found that the defendant did indeed breach the standard of care by performing the surgery negligently, leading to significant complications for the plaintiff. The court detailed that the defendant failed to properly assess the plaintiff's medical history and did not adequately inform her of potential risks associated with the surgery. As a result, the plaintiff suffered both physical and emotional harm, which was corroborated by medical evidence and expert testimonies. Consequently, the court awarded the plaintiff a total of $244,500 in damages, reflecting the physical pain, emotional distress, and economic losses she endured. The court also ordered the defendant to pay the plaintiff’s costs on the ordinary basis, unless otherwise directed, and mandated that the plaintiff’s solicitor file a certificate evidencing no charges for the wasted listing of the matter.