Legal Opinion for Plaintiff (Ms Fabulous)
Facts:
Ms Fabulous underwent a lip filler procedure performed by Dr Fuller, which resulted in a severe allergic reaction causing sores on her lips. The reaction required treatment by an immunologist and resulted in Ms Fabulous incurring considerable expenses and missing six weeks of work. The reaction also left permanent scars on her lips.
Claim:
The claim for Ms Fabulous is based on delict (tort) law, specifically medical negligence. Dr Fuller failed to exercise the necessary standard of care in performing the lip filler procedure, resulting in harm to Ms Fabulous.
Types of Harm:
1. Physical harm: Ms Fabulous suffered from a severe allergic reaction to the lip filler, resulting in painful sores on her lips.
2. Emotional harm: Ms Fabulous experienced humiliation and distress as a result of the severe allergic reaction and the subsequent treatment required.
3. Financial harm: Ms Fabulous incurred considerable expenses for medical treatment and missed six weeks of work, resulting in loss of income.
Damages Claimed:
1. Medical expenses: Ms Fabulous is seeking compensation for the expenses incurred for the treatment of the allergic reaction, including hospital bills and medication.
2. Loss of income: Ms Fabulous is seeking compensation for the income lost due to her inability to work for six weeks.
3. Pain and suffering: Ms Fabulous is seeking compensation for the physical pain and emotional distress caused by the allergic reaction and the resulting scars on her lips.
4. Scarring: Ms Fabulous is seeking compensation for the permanent scars left on her lips as a result of the allergic reaction.
In conclusion, based on the negligence of Dr Fuller in performing the lip filler procedure, resulting in harm to Ms Fabulous, it is justified for Ms Fabulous to pursue a claim for damages against Dr Fuller. The damages sought encompass the physical, emotional, and financial harm suffered by Ms Fabulous as a result of the negligent actions of Dr Fuller.