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ARTICLE ID 16287

- BREACH OF CONTRACT ALLEGED BY PATIENT AGAINST DEFENDANT PLASTIC SURGEON - MALPRACTICE CLAIM DISALLOWED DUE TO FAILURE TO PRESENT AN EXPERT TO TESTIFY ON LIABILITY.

Middlesex, Conn.

This was an action brought by the female plaintiff, in her 20s when she underwent surgical removal of a shoulder tattoo. The plaintiff contended that the defendant plastic surgeon, who performed the tattoo removal, was liable on a breach of contract theory based upon her testimony that the defendant promised the plaintiff would be left with only a hairline scar, but in fact, was left with a large unsightly scar. The plaintiff’s mother corroborated the plaintiff’s testimony that the defendant made such assurances. The plaintiff’s complaint had originally included a claim of medical malpractice, but this aspect was dismissed when the plaintiff failed to provide an expert to support her liability position. The defendant plastic surgeon denied liability, alleging that he explained all the alternatives available to the plaintiff and that he specifically advised her that she would likely be left with scarring. The defendant denied promising the plaintiff that the width of the scarring would be limited to the size of a pencil line. The plaintiff’s demand for settlement was $________. The defendant made no offer of settlement.

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