Could Plastic Surgeon be sued for substandard work on my daughters Rhino/Septoplasty.

Rhino/Septoplasty noseSurgery was performed July 2014 on my daughter, by
Cosmetic Facial Services. Purpose was to correct her deviated septum and to
correct external shape of her nose. My daughter had continued breathing
problems through her nose and continuous post nasal drip since the surgery. We
had surgery in FL and moved out of state soon after. In Dec. 2015, we went to
Lawrence Otolaryngology Assoc. in Lawrence, KS where we now live, because of my
daughters persistent problems with her nose. The Doctor found that my daughter
had significant nasal airway problems, blockage due to adhesions from
rhinoplasty and a deviated septum. She had surgery in Jan. 2016 to correct the
problems, which were caused by the original rhinoplasty surgery a year and a
half earlier. Original surgery should have corrected deviated septum and did
not. This is documented in Doctors report.

Asked on March 25, 2016 under Malpractice Law, Kansas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In the beginning of your question, you said that the surgery occurred nine years ago.  If that occurred in KS, it is too late to file a lawsuit as you have missed the statute of limitations.  If it occurred in another state, you may still have time to file your lawsuit.  There are only a few states in which you have not missed the statute of limitations if the surgery occurred nine years ago.
However, near the end of your question, you said that the original rhinoplasty surgery occurred a year and a half ago.  If that is the case, you have not missed the statute of limitations and can still file your lawsuit, but should do so immediately as the statute of limitations is rapidly approaching.  If the statute of limitations expires, your daughter has lost her rights forever in the matter.
Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
If your daughter is a minor, you will need to be appointed guardian ad litem to file a lawsuit on her behalf.
Damages (monetary compensation you are seeking in your lawsuit for negligence) would include compensation for the medical bills and compensation for pain and suffering.
Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills based on the medical reports.


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