A woman yesterday told the Dublin Small Claims Court she persuaded a cosmetic surgeon to perform liposuction on her despite an anaesthetist expressing serious concerns.
Ms Angela Lavelle (61), had claimed her life had been in danger during the procedure. She suspected it had taken longer than usual. She believed she had been resuscitated "in a hurry".
She told the court the anaesthetist was worried if she was put under anaesthetic her health might be at risk because of her age and possible respiratory problems relating to her weight. Ms Lavelle weighed 20 stone at the time of the operation in 2001.
Ms Lavelle, an English woman, said she had been to surgeons "all over London" but none would operate on her because of her weight and age. When she found a doctor in Ireland who agreed to operate, she was "delighted". She accepted the risks.
Ms Lavelle, Dooega East, Achill, Co Mayo, is suing Dr Andrew Skanderowicz of the Dublin Cosmetic Surgery/Centre, Fitzwilliam Place, Dublin. She told Judge Mary Collins that just before the operation she suggested to Dr Skanderowicz and his anaesthetist, named only as Dr Murphy, that if she lay on her side during it, the effect of her weight on her respiratory system would be minimised. They agreed and the operation went ahead, she said.
She also claimed she had agreed with Dr Skanderowicz that if she needed to be "brought around quickly for any reason" during surgery and the full operation could not be carried out, she would get a partial refund.
After the operation she had "blood in \ throat" and believed she had been "brought around very quickly". She was still coughing up blood when she left the clinic and returned home.
Following the liposuction, Ms Lavelle she said she had three scars on her body instead of four. She said it had been agreed fat would be taken from her thighs and both of her "upper buttocks". After the operation she had two insertions on her left side but only one on her right side, she claimed. She did not notice any change in the area where she believed the fourth insertion should have been.
She did not believe liposuction had been performed on this area and wanted a partial refund. The operation had cost just under £3,000 (€3,800) and she wanted about £1,000 returned to her.
Dr Skanderowicz strongly denied the allegations and Ms Lavelle was not awarded a refund. However, Judge Collins directed him to make an ex-gratia payment of €200 to his one-time patient.
"At no time was her life in danger, let me repeat that, her life was never in danger," he told the court. He had successfully completed the operation as agreed and the lack of an insertion scar on her right hip did not mean he had not operated on that area.
He had taken 3.4 litres of fat from her body and the safe limit was 3.5 litres. "If you take any more the haemoglobin may have fallen and then you would need a transfusion, which is not clever. People have died during this procedure."
Ms Lavelle had written a letter of complaint to Dr Skanderowicz after the operation but he had not replied. Judge Collins reprimanded him. He said while his secretary remembered seeing the letter, it had never made its way into his hands.
He insisted if Ms Lavelle had attended a scheduled check-up six months after the surgery he could have addressed her concerns. "If she had come to that check-up we would not be in court here today." However, Ms Lavelle said when Dr Skanderowicz failed to reply to the letter, she had lost confidence in him and would never consult him again.