The Nova Scotia Small Claims Court has dismissed a lawsuit against a plastic surgeon who was accused of failing to deliver a promised flat stomach after a cosmetic procedure.
Surgery Followed a Successful Procedure in 2021
The defendant, a plastic surgeon operating a private practice, first treated the plaintiff in 2021. At that time, he performed a surgery to remove excess skin from her arms. The plaintiff later described this procedure as successful and was pleased with the results.
In March 2023, the plaintiff returned to the surgeon and expressed a desire to improve the appearance of her stomach. She wanted to remove excess skin and fat in that area. After examining her, the surgeon recommended three procedures: an abdominoplasty, a mons pubis lift, and liposuction.
Consent Forms Contained Disclaimer
Before undergoing surgery in November 2023, the plaintiff signed consent forms prepared by the surgeon’s clinic. These forms stated:
“I understand that medicine and surgery are not an exact science, and I acknowledge that there are no guarantees regarding the results of surgical and planned procedures.”
The plaintiff later argued that the surgeon verbally promised she would have a flat stomach after the procedures. She claimed that she agreed to the surgery only because of that promise, and therefore, a binding contract had been created. She also argued that the results did not meet her expectations and that the surgeon had breached this contract.
Court Finds Consent Form Overrides Verbal Agreement
In the case Derocher v. Boileau (2024 NSSM 92), the Small Claims Court reviewed the evidence and dismissed the plaintiff’s claim. The court accepted that a verbal agreement had been made and that the surgeon had agreed the procedure would produce a flat abdomen.
However, the court found that the written consent form overruled any verbal assurances. The judge ruled that the language in the form made it clear there were no guarantees about the outcome, and this negated any promise or warranty the surgeon may have made.
No Liability Found Against Clinic
The plaintiff also tried to hold the surgeon’s clinic liable. However, the court rejected this part of the claim as well. The judge stated that the evidence did not prove any legal malpractice or clarify the legal relationship between the plaintiff and the clinic. Even though the surgery was performed at the clinic and the consent form came from the clinic, the court saw no reason to assign responsibility to it.
Final Ruling
In conclusion, the court ruled in favor of the defendant. The signed consent forms were key to the decision, as they clearly stated that surgical results could not be guaranteed, overriding any informal promises. The case serves as a reminder that verbal expectations may not stand in court if written agreements state otherwise.
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