Turner v Blackstock [2019] NSWDC 102

District Court New South Wales

Medium Neutral Citation: Turner v Blackstock [2019] NSWDC 102 Hearing dates: 3 April 2019 Date of orders: 05 April 2019 Decision date: 05 April 2019 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. Verdict and judgment for the plaintiff in the amount of $204,670.50;

2. The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered;

3. The exhibits may be returned;

4. Liberty to apply on 7 days' notice if further or other orders are required. Catchwords: TORTS – medical negligence – damages claim against medical practitioner for adverse result from breast augmentation surgery; DAMAGES – assessment of heads of damage claimed by plaintiff Legislation Cited: Civil Liability Act 2002 (NSW), s 5D, s 16 Category: Principal judgment Parties: Kylie Turner (Plaintiff) Dr Leslie Blackstock (Defendant) Representation: Counsel: Mr JE Doyon (Plaintiff) No appearance by the defendant

Solicitors: CMC Lawyers (Plaintiff) No appearance by the defendant File Number(s): 2017/375531 Publication restriction: None

Judgment

Table of Contents Nature of case [1] Procedural context and issues [2] Evidence overview [3] – [5] Facts [6] – [42] Plaintiff's background circumstances [7] – [10] Breast augmentation surgery on 30 October 2014 [11] – [15] Post-operative complications [16] – [18] First remedial surgery – 21 November 2014 [19] – [23] Second remedial surgery – 14 April 2015 [24] – [27] Third remedial surgery – 23 October 2015 [28] – [30] Fourth remedial surgery – 22 November 2016 [31] – [33] Medico-legal opinion obtained by plaintiff [34] – [36] Disabilities that remain [37] – [41] Work and domestic effects [42] Assessment of damages [43] – [47] Disposition [48] Costs [49] Orders [50]