The Nova Scotia Small Claims Court has ruled in favor of a plastic surgeon, dismissing a claim that sought to hold him accountable for not delivering on his promise of a flat stomach following a series of cosmetic surgeries.
The lawsuit was filed against the defendant, a plastic surgeon operating a private medical clinic. In 2021, the surgeon performed a successful procedure to remove excess skin from the claimant’s arms. Satisfied with the outcome, the claimant returned to the surgeon in March 2023 with hopes of achieving a flatter stomach by removing excess skin and fat.
After examining the claimant, the surgeon recommended a combination of three procedures: a tummy tuck, a mons lift, and liposuction. Prior to the surgery, which was scheduled for November 2023, the claimant signed consent forms for each procedure. These forms, provided by the surgeon’s clinic, included a crucial clause: “I understand the practice of medicine and surgery is not an exact science, and I acknowledge no guarantees have been made about the result of the operation and procedure planned.”
Despite this disclaimer, the claimant argued that an implied contract was formed when the surgeon assured her that the surgeries would result in a flat stomach. She claimed she would not have proceeded with the operation had she not received such assurances, and sought damages, alleging that the surgeon breached the contract by failing to deliver the promised results.
In response, the defendant applied for a non-suit, and the case was taken up by the Small Claims Court in Derocher v. Boileau, 2024 NSSM 92.
In its decision, the court acknowledged that an oral agreement regarding the expected results was made between the surgeon and the claimant before the surgery. The court accepted that the surgeon had agreed that the surgery would give the claimant a flat stomach. However, the court ruled that the consent forms, which clearly stated that no guarantees were made regarding the surgery’s outcome, effectively nullified the defendant’s prior verbal assurances.
Furthermore, the court dismissed the claim against the clinic, stating that the evidence presented failed to establish any legal wrongdoing or clarify the nature of the relationship between the claimant and the clinic. Although the price quote originated from the clinic and the surgery was conducted on its premises, the court found no grounds for liability against the clinic.
The dismissal of the claim reinforces the importance of clear, signed consent forms in medical procedures, particularly those involving uncertain outcomes.
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