By Chris King • 28 July 2022 • 21:41
Photo of Malaga Provincial Court.
Image: Google maps - Juan Portillo Perez
A cosmetic surgeon from Malaga has been ordered to pay €18,541 compensation for the aesthetic consequences caused to a patient due to medical negligence when performing a breast augmentation surgery.
The sentence handed down by the Court of First Instance No18 of Malaga was in accordance to the lawsuit presented by the patient’s lawyer, Damian Vazquez. Representing the legal services of the Patient’s Association, the judge concluded that Mr Vazquez had proven that “the result offered was not obtained” and that the correct technique was not used.
According to the resolution issued now, in April 2014, the woman went to the cosmetic surgeon’s office, She asked for the surgeon’s assistance in avoiding the sagging of her breasts, using upper pole filling. In May of that year the cosmetic surgeon performed bilateral breast augmentation.
After the operation, the plaintiff began to notice breast asymmetry. One breast was sagging and “with the nipple pointing down”.
Both the lawyer and the president of the group, Carmen Flores, warned of the “increase in medical negligence in cases of cosmetic surgery”. They recommended that: “specialised clinics and surgeons should always used, and that they have sufficient means in cases of complications, to avoid serious sequelae or even death of the patients”.
This same surgeon had previously been sentenced in criminal proceedings by the Court of Malaga to sentences of two years in prison and three years of professional medical disqualification pointed out the association. This had been for crimes of reckless homicide, resulting in the death of another patient after cosmetic surgery that he had performed.
The current claim was based on the fact that the doctor’s actions: “in addition to not conforming to good practice – in terms of the operation to be carried out, which was not the most appropriate – did not achieve the desired result”. It was also noted that: “an associated mastopexy should have been performed”.
“The physical disfigurement alleged by the plaintiff has been accredited”, indicated the sentence. It continued: “As a result of the surgical operation, she has been left with a saggy or ptotic grade II breast, with the upper pole filled by the implanted prosthesis, not obtaining the result that should have been derived”.
“We are faced with an operation of an aesthetic nature from which a good result is essential. The operation included not only the increase, but also the correction of the defect presented (drooping breasts). He had expressly informed the plaintiff that the breasts were going to remain in the state in which they were”, the sentence added, as reported by malagahoy.es.
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Originally from Wales, Chris spent years on the Costa del Sol before moving to the Algarve where he is a web reporter for The Euro Weekly News covering international and Spanish national news.
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