This Practice Note deals with the nature of a private law claim for breach of statutory duty, whether there can be a private law claim if the public authority fails to exercise a statutory power, breach of statutory duty versus negligence and why it can matter whether the public authority’s act was public or private in nature.
This Practice Note builds on the general principles of cosmetic surgery claims and focuses on breast enlargement, reduction or augmentation claims. It considers commonly encountered issues, the surgical procedure, potential defendants, and industry guidance.
This Practice Note is an introduction to cosmetic surgery claims. Practical guidance is provided on some commonly encountered issues including cosmetic surgery advertising, a lack of regulation, failure to review medical records and the failure to manage a patient's expectations. The Practice Note also considers who the appropriate defendant should be in cosmetic surgery cases and provides a simple guide to valuing quantum.
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