Surgery victim wins HK$178,000
A woman who had a permanent scar left on her leg after botched cosmetic surgery has won more than HK$178,000 in compensation from the clinic after a judge found the scar made her lose her confidence.
Emily Chan Wai-yee, who is in her thirties, won the damages from the Doctor Face Plastic and Cosmetic Centre in Causeway Bay for a scar the judge said was visible from 10 metres. It was left after failed intense pulse light surgery at the centre to remove red blemishes caused by dilated blood vessels on her left thigh in August and September 2007.
During the third treatment, Chan felt extreme pain and asked for the surgery to be terminated. Blisters later appeared on the treated area, and Chan consulted a doctor three days afterwards because of lasting pain, according to a judgment handed down in the District Court yesterday.
A doctor found Chan had sustained burns, and issued her a certificate for 14 days' sick leave.
Chan lodged a claim for HK$936,740 against the centre in August last year for pain, suffering and loss of amenity, loss of income and medical expenses.
The centre admitted its responsibility in November last year and asked the court to assess the amount of compensation.
Chan said the scar made her lose her confidence. She became depressed and was afraid to wear shorts and skirts or to show her leg in front of friends and relatives.
She said that because of the scar, she was unable to continue in her job as a make-up artist. She also said the scar gave her a stinging sensation and made it impossible for her to stand for more than 30 minutes.
But in his judgment Judge Poon Siu-tung rejected the claim with reference to doctors' reports which did not mention Chan suffered pain from the scar but said she had difficulty in sleeping and anxiety.
The judge also said that if being a make-up artist was her ideal job, she would not have given it up so easily.
Chan asked for HK$56,000 for expenses on 'tonic food' such as bird's nest, but the judge only granted her HK$5,000 after finding that the expenses were not proportional to her injury.
'Victims of this kind of case care about their looks very much. A permanent scar is a serious blow to them,' the judge said. '[Chan] lost her confidence because of the scar, which also restricted the choices of her clothing.'
The judge granted Chan HK$150,000 in compensation for suffering brought about by the scar but rejected her claim for loss of income.
