I underwent treatment on the advice of my doctor and as a result of his negligence was left with extremely disfiguring scarring on my face. While there is nothing physically wrong with me I am extremely depressed due to my appearance and cannot bring myself to leave the house or find employment. Can I sue the doctor for the mental harm I have suffered?
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Answer by Shamaila Khan, Kingsville 3012 VIC
- Yes. Disfigurement is a kind of harm that attracts general damages. You will be able to claim for the psychiatric harm that resulted from the disfigurement provided it can be shown that depression arising as a result of disfigurement was a reasonably foreseeable outcome.
- It will be necessary for an independent doctor to assess the level of disfigurement in order to determine whether you meet the required impairment threshold.
- You need to check the relevant legislation in your state or territory as the rules regarding impairment are different in each jurisdiction.