The High Court has awarded a doctor €80,142.43 after breast enlargement surgery performed at Clane General Hospital left her with permanently visible scars which cannot be corrected by further treatment.
Dr Alvin Reilly brought proceedings against surgeon Graeme Moir, Precision Lasercare Limited and Clane General Hospital. Moir, who performed the operation, attended the hearing without professional representation and admitted that he had carried out the surgery negligently.
Reilly had arranged the procedure through Precision Lasercare, which advertised cosmetic surgery services in Ireland and organised consultations and operations. She paid the company a composite fee before undergoing surgery at Clane.
The court heard that the breast implants were placed higher than they should have been. As a result, scars which would normally have been concealed beneath the breast folds remained visible. The left scar was also longer than was acceptable. Consultant plastic surgeon Michael J. Earley confirmed that the result arose from the positioning of the implant and scar.
Mr Justice Michael Peart found that the permanent visibility of the scars had substantially frustrated Reilly’s purpose in undergoing surgery. He awarded €75,000 in general damages and returned the surgery fee of €5,142.43, producing a total award of €80,142.43.
The court then considered whether any other party shared responsibility. Peart J. found no negligence by Clane General Hospital, which had provided theatre facilities and admission rights but had not performed the operation.
Precision Lasercare owed Reilly a duty of care but had not breached it. Moir was appropriately qualified and was an independent contractor rather than its employee. Private Patient Services Limited, which arranged surgeons’ travel and administration, was also not responsible for the negligent surgery, while surgeon Nigel Carver had no supervisory responsibility for Moir’s operation.
Judgment was therefore entered against Moir alone for €80,142.43. No contribution or indemnity issue arose against the other defendants or third parties.