If my mother had a botched reconstruction after nasal cancer, is the plastic surgeon liable?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my mother had a botched reconstruction after nasal cancer, is the plastic surgeon liable?

My mom lost the left half of her nose to cancer. The reconstruction operation was a paramedian forehead flap, where skin is supposed to be taken from the forehead to build a new nose. However, the surgeon didn’t build a cartilage framework first, so it collapsed. He took it from her scalp instead of her forehead, so hair grows out of it constantly. The worst part is I’ve contacted 6 lawyers and they all said they wouldn’t pursue the case without specifying why. Is there anything I can do?

Asked on July 20, 2011 Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the reconstruction was done carelessly or not up to medical standards, then there may be liability, or a legal obligation to pay. Where the problem may be is that the damages, or amount collectible, may not be high enough. In a medical malpractice case, the usual recovery involves medical costs (e.g. to correct the procedure), lost wages (if the person can't work), and pain and suffering, for significant and long-last pain, disability or disfigurement. Medical malpractice  cases are also very expensive and time consumming to pursue, since medical experts are required. It may be that based on the injuries or damages you describe, the attorneys you've spoken to feel that--especially if they normally take the case on contingency, so they only get a portion of the recovery, which is typical for medical malpractice--that they would spend too much time and money for too little return.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption