Background
Sarah is a registered nurse working in a cosmetic clinic in Sydney. She has been performing various cosmetic procedures such as dermal fillers and anti-wrinkle injections for several years. Sarah takes great pride in her work and always strives to provide the highest standard of care to her patients.
The Incident
Sarah performed a dermal filler procedure on a patient who wished to enhance her lips. During the consultation, Sarah thoroughly explained the potential risks and benefits of the procedure and obtained informed consent from the patient. She followed all the necessary hygiene protocols and administered the filler as per her training and experience.
A few hours after the procedure, the patient started experiencing swelling and severe pain in her lips. Concerned, she contacted Sarah and requested immediate assistance. Sarah advised her to seek medical attention at a nearby hospital.
The Investigation
Following the incident, an investigation was conducted to determine the cause of the patient’s adverse reaction. It was discovered that the patient had an allergy to one of the ingredients in the filler used by Sarah that was not disclosed during the consultation. This allergic reaction resulted in the severe swelling and pain the patient experienced.
The Claim
The patient filed a professional indemnity claim against Sarah, alleging negligence in failing to identify her allergy prior to the procedure. The claim sought compensation for medical expenses, pain and suffering, and additional corrective treatments required to address the adverse reaction.
Resolution
Sarah promptly notified her professional indemnity insurance provider about the claim. Her insurance company initiated an investigation and appointed a legal team to handle the case. They reviewed all relevant documentation, including the patient’s medical records, consent forms, and the clinic’s policies and procedures.
During the legal proceedings, Sarah’s defence team argued that she had followed standard practices and protocols in conducting the procedure. They presented evidence of Sarah’s thorough consultation process, informed consent documentation, and the absence of any previous allergic reactions reported by the patient.
The case went through mediation, where both parties attempted to reach a settlement. Eventually, a settlement was reached, with Sarah’s insurance company agreeing to compensate the patient for a portion of the medical expenses incurred. The settlement was made without admission of liability on Sarah’s part. Investigation, defence, and settlement costs were covered by Sarah’s insurance policy.
Key Takeaways
- Professional indemnity insurance played a crucial role in protecting Sarah throughout the claims process, covering legal expenses and potential compensation.
- Thorough documentation, including consent forms and adherence to clinic policies, helped support Sarah’s defence.
- Patient disclosure of allergies or medical conditions is important to prevent adverse reactions and mitigate the risk of claims.
- Cosmetic nurses should maintain up-to-date training, stay informed about the latest procedures and potential risks, and provide appropriate pre- and post-procedure care to minimize the likelihood of adverse events.
