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The Court of Appeal upheld the High Court's decision to award €44,460 to the plaintiff for increased scarring and other damages due to post-surgical infection after breast surgery, affirming the original judgment. The High Court had found negligence in the post-operative care provided by the clinic, leading to the plaintiff's infection and subsequent increased scarring. The Court of Appeal rejected the clinic's appeal, which challenged the quantum of damages and the refusal to grant a differential costs order, finding no error in the trial judge's assessment of damages. The Court of Appeal also agreed with the High Court's decision not to issue a differential costs order, as the case's complexity justified its initiation in the High Court.
Court of Appeal, personal injuries, negligence, post-operative care, infection, scarring, breast surgery, general damages, differential costs order, prophylactic antibiotics, expert evidence, mental health impact, assessment of damages, judicial discretion, High Court jurisdiction, Moin v Sicika, Reilly v. Moir & Ors., Best v. Wellcome Foundation Limited.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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