This is an action for damages for… alleged negligence of D, a cosmetic surgeon, during a closed rhinoplasty procedure which he performed on 10 November 2014. It is common ground between the parties that, pre-operatively, C had a deviated septum. The deviation was to the left and affected the upper part of the septum, that is, that part of the septum which is closer to the bridge of the nose. C alleges that the D’s negligent surgical technique during the rhinoplasty procedure led to a further septal deviation, this one to the right and closer to the tip, leaving her with a sigmoid or “S” shaped deviation of the septum. C contends that, as a result of this further deviation, her right nasal airway is significantly (95%) occluded and she suffers from breathing difficulties which affect her all of the time [1]
the right sided septal deviation was not caused by the D’s surgery but pre-dated the surgery; that the deviation has become symptomatic for a number of possible reasons including environmental factors and psychological factors; that the right septal deviation is moderate only and associated with airflow which is within normal limits, albeit at the lower end of the range; that C’s symptoms of breathing difficulties are unlikely to have been as bad, or as consistently bad, as she now claims. [79]
judgment will be entered for D [80]
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