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

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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 12 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.


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