lawsuits

[wolf]

I know this is a touchy subject for many.  Does anyone have personal experience in a lawsuit against a surgeon who has botched rhinoplasty?
I had no idea so many people had this same problem until I started surfing the web.  I have had 2 revisions by the same doc who "misinformed" me about my situation.  I know that it will cost a fortune plus more vacation time to resolve the situation ( I am planning on consult with Gunter and/or Toriumi).  It may be years before I can afford to fix this; and I lose sleep over it nightly.  
Anyone???

[pauline]

Mary B from the old board successfully sued her doctor then had her nose fixed by Gunter.  Maybe have Dean contact her to see if she'd be willing to speak with you about how she went about suing her doc.  Good luck!

[Leah]

I looked into it, and the cost of a lawyer and an expert witness and all that stuff would exceed the settlement I'd expect.  Unless your surgery has resulted in long-lasting pain or inability to work, you can't expect to get much even in the best situation.

I consulted with 2 lawyers and one of them smartly suggested taking the doctor to a lesser court (it's called Small Claims Court here in Canada) where you can self-represent and it will cost almost nothing.

Keep in mind there is a statute of limitations, so you should make your mind up soon.

Another option is to get your nose fixed, therefore proving it can be done, and then going to the original doctor and asking nicely for your money back.  Sounds crazy?  So darn crazy it might just work!

That is... if money is your major concern.  If your concern is vengeance, well, that's trickier and involves voodoo (just kidding).

[wolf]

My main concern is money and time off of work.  All I would want is him to cover the cost of that.  Though I have much disgust for his method of practicing and dishonesty, I don't believe in vengence.  He will get his someday but it won't be dealt by me.
I have considered  confronting him if I can't find a lawyer to take my case.  Seems they want another physician's statement, and I have consulted 3 who "didn't want to get involved."
Thanks for your insight.

[Leah]

Wolf, you will find that nobody wants to get involved.  To get a statement from an expert for your case, you need to pay an expert doctor who's willing to testify against other doctors.  Your lawyer would line that up.

Most doctors will sidestep and dance around saying anything negative about another doctor's work.  They will look at your nose and say that they can see why you're unhappy and that they can help you, but will not comment on previous work.

Have you had your revision surgery?  Have you met with the first doctor?

Every doctor is different, but here's what I did:

I got my revision.  I healed a bit (3 months).  I went to see the original surgeon.  I told him my story, letting him know I felt he did me wrong, but without attacking him.  I left him a little room for his pride.

He vaguely admitted he'd messed up - a canned speech about how no surgeon is perfect - and asked me what I wanted him to do.  I told him how much the revision cost, and asked for a partial refund of the fees I'd paid him.

He offered me 75% of the fee back.  He examined my nose and made me promise I would not get more work done.  He explained that the most important thing is that he cares about his patients and doesn't want to see them fall into the "seeking perfection" trap and hurting themselves.  He wanted to know that money he gave me would not go to more plastic surgery.

He also said my nose looked great and the important thing is that I'm happy.

His office had the cheque ready by the end of the week.

My advice to you, or anyone, is this:

- Take tons of good quality before and after photos, it's your only proof.
- Why not just ask for some compensation.  Yourself, without a lawyer.  If you proceed to go ahead with a lawyer later, I don't think it will hurt your case that you tried mediation.
- You probably won't get full cost of revision plus time off work.  You might, if you took it to court and won, but you will pay back at least half of that to the lawyer.
- Go, in person, with photos and little notes of points you'd like to make.  Try to appeal to their good side rather than threaten them with your force.  Odds are, the money means more to you than it does to them.
- Before you go in, make sure he knows you're there to talk about being unhappy (don't blindside him).
- It probably wouldn't hurt to break down and cry when you're talking about how unhappy you were before the revision.

[wolf]

The surgeon who did my primary surgery also did my first revision and second revision (which was just an attempt to rasp my nasal bone down which is protruding as a result of too much cartilage removal in the first revision).  He told me it was "scar tissue" but I know better now since consulting 3 other surgeons since.  
I have not seen him since day one after the third surgery as I live in another town(and it was unsuccessful).  I have sent for copies of my records which I did receive, but I have not let him know what's up.

I have seen three other doc's who all wanted to do surgery to help me; but I hesitate.  Insurance would cover part if I go to a doc on my plan because I do have a deviated septum and spur  (the original doc told me my septum was NOT deviated!).
But if I am going to have another surgery I want it to be with a doc who specializes in this type of thing, not just someone on my insurance plan(Gunter or Toriumi).

The attorney I most recently met with did not set me up with an expert witness, but wanted me to find one on my own; which was very frustrating.  I don't know how to go about that!   I guess I would be more willing to approach the first doc to ask for money back if he hadn't been dishonest with me in the first place.  He tried to pull the wool over my and my husband's eyes, thinking we would not discover the truth, I guess.  

I do appreciate your insight; I may end up confronting the surgeon after all if I get no where with an attorney.  I only have until the end of this year.
Thanks again.

[Tex]

Wolf -

For witnesses, try expertlaw.com.  Also, if you can get your hands on any sort of legal magazine like the ABA journal, there are a lot of ads in the back for expert witnesses.

Tex