Question

Ms Fabulous is a receptionist at a large law firm. She also considers herself an influencer with over 5000 followers on social media. She has always wanted fuller lips and makes an appointment with a Dr Fuller for a lip filler. Lip fillers are injections that give lips a more plump and full appearance. It is more generally referred to as dermal fillers.

Dr Fuller explains to Ms Fabulous that the lip filler procedure takes just a few minutes and is minimally invasive. The procedure is not permanent, and she will need future injections to maintain the lip fullness the filler creates. He further explains that she may have swelling or tenderness and bruising after the procedure, though the side effects should be minor. He also gave her a brochure that explained the aftercare procedure that she needed to follow.
The procedure goes according to plan, and after the initial slight bruising, Ms Fabulous’ lips have healed, and she is happy with the outcome. Almost six weeks after the procedure, Ms Fabulous develops what looks like a cold sore on her lip. She gets over-the-counter treatment for the cold sore, which appears to make it worse. When more sores appear, she makes an appointment with Dr Fuller, who informs her that she has a delayed allergic reaction to the filler that was used. By this time, the sores on Ms Fabulous’ lips appeared swollen and inflamed. Dr Fuller informed her that he had to refer her to an immunologist to treat the severe allergic reaction. Ms Fabulous was admitted to the hospital and incurred considerable expenses for the treatment.
Ms Fabulous was not able to work for six (6) weeks. The employer granted her sick leave payment for two (2) weeks and unpaid leave for the remainder of the time. She recovered well after the treatment although the sores left scars on her lips that would fade over time but never entirely disappear.
Ms Fabulous wants to institute a claim for medical negligence against Dr Fuller for the ordeal that she has been through. She felt humiliated by the experience and she incurred considerable expenses.
When she confronted Dr Fuller he told her that the allergic reaction that she suffered was very rare. He also said that she had contributed to the harm by using over-the-counter ointment, which worsened the reaction, instead of immediately contacting a doctor.
Instructions:
Find a teammate in class. One of you will be the attorney for the plaintiff (Ms Fabulous) and the other for the defendant (Dr Fuller).
Attorney for plaintiff: draft a legal opinion in a PowerPoint presentation in which you set out the claim for the plaintiff. Explain specifically:
whether your client’s claim is based on contract or delict;
the types of harm suffered;
the damages claimed on her behalf

Answer 1

[AI-generated answer — Bot GPT 3.5]

Legal Opinion

Client: Ms Fabulous

Claim: Medical Negligence against Dr Fuller

Introduction:
Ms Fabulous seeks to institute a claim for medical negligence against Dr Fuller for the harm she suffered due to a delayed allergic reaction to the lip filler procedure. The incident has caused her significant physical, emotional, and financial harm, leading to her seeking compensation for the damages incurred.

Basis of Claim:
The claim against Dr Fuller is based on delict, specifically medical negligence. Dr Fuller, as a professional providing medical services, owed a duty of care to Ms Fabulous to perform the lip filler procedure with the required skill and care. It is alleged that Dr Fuller breached this duty by using a filler that caused a severe allergic reaction in Ms Fabulous, resulting in her hospitalization and subsequent scarring on her lips.

Types of Harm suffered:
Ms Fabulous suffered various types of harm as a result of the delayed allergic reaction to the lip filler, including:
1. Physical harm: Ms Fabulous experienced swelling, inflammation, and sores on her lips, which required medical treatment and hospitalization. The scars left on her lips will impact her appearance and self-esteem.
2. Emotional harm: The ordeal Ms Fabulous went through, including the humiliation of the reaction, the hospitalization, and the scarring, caused emotional distress and mental anguish.
3. Financial harm: Ms Fabulous incurred considerable expenses for the medical treatment, hospitalization, and ongoing care for the scarring. She also lost income due to her inability to work for six weeks.

Damages claimed on behalf of Ms Fabulous:
Ms Fabulous seeks compensation for the damages she has suffered, including:
1. Medical expenses: Reimbursement of all medical expenses incurred for the treatment of the allergic reaction and scarring.
2. Loss of income: Compensation for the income lost during the six weeks of her absence from work.
3. Pain and suffering: Damages for the physical pain, emotional distress, and mental anguish caused by the allergic reaction and scarring.
4. Future medical expenses: Provision for any future medical expenses required for the treatment of the scarring on Ms Fabulous' lips.
5. Loss of earning capacity: Compensation for any potential loss of earning capacity due to the scarring affecting Ms Fabulous' appearance.

Conclusion:
In conclusion, Ms Fabulous has a valid claim for medical negligence against Dr Fuller for the harm she suffered due to the delayed allergic reaction to the lip filler procedure. The damages claimed on her behalf are justifiable and seek to compensate her for the physical, emotional, and financial harm inflicted upon her. It is imperative that Dr Fuller takes responsibility for his actions and provides the necessary compensation to Ms Fabulous for the harm she has endured.