At Lindbloms Lawyers, sadly we receive many enquiries about cosmetic procedures gone wrong.
CDC Clinics Pty Ltd v Zeinab Daemolzekr [2022] VSCA 54 is a recent Victorian case that involved laser treatment for tattoo removal.
Ms Daemolzekr asserted that during the treatment, too high a fluence was applied to her tattoos, leaving her with second degree burns.
The Clinic tried to argue that the burns did not occur as a result of the laser treatment, but rather some supervening event ie that it was nothing to do with them.
They also argued that the machine used during the treatment did not have the capacity to cause such a burn.
Expert witnesses gave evidence for both parties.
The trial judge preferred the evidence led by Ms Daemolzekr to that of the Clinic.
Ms Daemolzekr had taken some 40 photographs of the relevant area, both prior to, and following, her treatment at the Clinic. The photographs were consistent with her evidence and assisted the Court to find in her favour.
She was awarded compensation of $90,000.00 at trial.
The Clinic’s application to the Court of Appeal for permission to appeal was refused.
If you have experienced a poor outcome from cosmetic treatment, record your progress and take photographs.
Contact one of our experienced medical negligence lawyers today on 83577611 to discuss whether you may have a claim.