Medical Malpractice- do I have a case here?

[winfrid12]

I have had two cleft palate surgeries as a baby. I also had a severely deviated septum. When I was 17 my mother took me to a doctor to correct the deviated septum so I could breathe better. Once the doctor opened me up in surgery, he realized that the surgery was going to be much more complicated than he had anticipated (He even admitted this to my mother afterward- that he had no idea what he was getting in to. He thought the surgery would take an hour and didn't come out for several hours). The point is- he did the surgery *anyway* even after he realized it was beyond his skill level.

About 6 months after the surgery the cartilage started caving in on the left side of my nose and I started not being able to breathe. It has gotten progressively worse over the years and I have suffered with this for 4 years now (I'm 21 now). I saw another doctor (recently, a couple weeks ago) who said the cartilage has collapsed on that left side because the previous doctor took out way too much cartilage than he should have. He said there are only two ways you would see something like this- either in an accident where someones face got smashed (like a car accident) or at the hand of a surgeon.

Now I need a second surgery and they are going to have to take cartilage from my rib and ear to literally rebuild my nose back up from where it has caved in.


Also, I want to mention- that after I got the surgery... the doctor ignored all of my moms phone calls. When I was 19 I finally got an appointment to go back. So I went back there and the doctor said he could do another surgery to fix it and would file the insurance. After that appointment he never called back. My mother kept calling them and leaving voicemails and I kept calling as well but could never get anyone on the phone. So 2 more years pass and I am 21 now. I cant live with this any longer so am getting surgery to fix it. I called them to request my medical records for the new surgeon I am going to... and they were like "oh sorry your folder got filed in the wrong section thats why we never called you back." The doctor sent me my records (they lost all the before pictures) with an apology letter about why the surgery wasn't booked.


Anyway point is- I believe this doctor was very negligent. As soon as he opened me up and realized it was beyond his skill level, I believe he should have closed it back up and not have attempted it. And the way he ignored me for years after the surgery is terrible. His taking out too much cartilage has caused my breathing to be worse and need a second and way more complicated surgery now.

Do you think I have a case here?

[adin55]

you need to talk with a lawyer

[michelangelo]

In order to prove medical malpractice it's not enough to show the doctor was negligent. You have to prove that this doctor was so negligent that no other doctor would have done the same thing.

In your situation it would be virtually impossible to prove - not least of which because so much time has gone by. Candidly, it sounds as though your mother was probably more than a little negligent with regard to this situation. It is beyond bizarre that your mother would have passively accepted having a doctor ignore her calls.

But your situation is complicated by a number of factors. The first is that you had a lengthy history of medical issues. The second is that just because you have a doctor who has opined your previous doctor removed too much cartilage - but I guarantee to you that if you ask this doctor if he would support a lawsuit for malpractice against your original doctor, he will not. The third is that your mother signed a pretty detailed waiver on your behalf that acknowledged the surgery was not guaranteed and acknowledged there could be a host of risks up to and including your death. The fourth is that the doctor's failure to return calls is not relevant.