Claims for Botched Cosmetic Surgery in Balance due to Death of Surgeon

Two compensation claims for botched cosmetic surgery have been left in the balance following the death of the surgeon who allegedly performed substandard procedures on his patients.

A High Court judge has allowed the Medical Defence Union (MDU) to withdraw from two compensation claims for botched cosmetic surgery following the death of the defendant in both claims – Mr Samy Malhas. Mr Malhas had been represented by the MDU in the defence of two claims made against him – but, in January, the doctor died in Germany after being declared a bankrupt.

Mr Malhas was being sued by Mary Jo Moloney, who was left with scarring, nipple mal-positioning, hypersensitivity, and distortion of breast shape following an allegedly negligent breast augmentation procedure. Mary Jo also claimed that her consent for the procedure was not valid. Her claim for botched cosemetic surgery is all the more difficult because the clinic at which she underwent the procedure in November 2003 – the Advanced Cosmetic Surgery Clinic in Dublin – is now in liquidation and had no insurance.

The second claim for botched cosmetic surgery was made by Deidre Shortt, who underwent a rhinoplasty procedure in August 2007 at the Cosmedico Clinic in Dublin. Deidre claimed that she was left “a nasal cripple” due to Mr Malhas´ alleged malpractice, but Mr Malhas had contested her claim on the grounds that Deidre had contributed to the condition of her nose by failing to allow it to heal after the surgery. Cosmedico is still in business however; and according to Mr Justice George Birmingham does have an insurance policy against which Deidre may be able to make a claim.

Mary Jo and Deidre were in court to fight the application from the MDU to withdraw from the claims for botched cosmetic surgery, but Judge Birmingham allowed the MDU to “come off record” on condition that the organization refunded the legal costs so far incurred by the two plaintiffs.