Culpability of PC for Nasal Valve Collapse and Septal Perforation
- Asked by Bozo in NY. Ny
- 3 years ago
Had rhino 2008 resulting in ruined breathing etc. PC said caused by swelling & dismissed me. Now ENT/PSs say sidewall collapse, perforated septum. Cost $15-30k to fix. Does the #1 PC have any liability to help me pay-maybe refund surgical fee and is there any basis for law suit or insurance hellp?
The answer is maybe
A septal perforation after surgery is a complication. So is nasal valve collapse if it is due to weakening of the cartilage or less commonly nostril narrowing from removing nostril flesh. You sound knowledgeable and informed. I would recommend returning to your first surgeon and discussing all this with him/her. Its likely you have lost confidence in him/her and aren't interested it a repair by your first surgeon.
Although it will be difficult for you, I would ask him/her a refund explaining you will need further surgery and would like it at least partially covered. The answer will often depend on that was discussed pre operatively between the two of you. If these post operative problems were reviewed with you, you likely have no recourse as you proceeded fully informed of the risks. However I'm not a lawyer thank God! and so these are only my personal observations and not a legal opinion.
Surgeons want to help people. We want good results. Its likewise difficult for surgeons to face poor results and their own complications. Surgery is difficult and even senior experienced practitioners have great respect for rhinoplasty. Often we have more respect than our younger colleagues, born of hard experience. I'm sorry this has happened to you and I sincerely wish you luck in the future. My last comment is I strongly believe the most important decision a patient makes is to choose an experienced and interested surgeon who is focused on nasal surgery.
Culpability of PC for nasal valve collapse and septal perforation
You should discus with legal expert, an obtain 3 opinions in writing from boarded PS's. Than after you have been given guidance approach the operating surgeon to discuss.
From MIAMI DR. B
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