Legal Question in Medical Malpractice in California

Had what the doctor calls septorhinoplasty in Oct 2008 to correct a deviated septum and enhance my crooked nose that had been broken years ago. Both pre and postoperative diagnosis states �nasal deformity.� Three months later, I experienced unusual symptoms like swelling, pain, discoloration, etc. and called into the office. A consultant (with no medical training) told me to email them pictures, which I did, and she claimed that the doctor saw my pictures and said my nose was fine, and that the swelling had not completely gone away. She also told me the contract states I have to give it at least 1 full year to heal completely, that they were serious when they told me that, and that I should wait for at least one year see full results. I wanted to see the doctor in person, but she assured me that I�m upset, that I�m overreacting, and that seeing the doctor at that time will only make the situation worse when it is really not a big deal. So I did as told and waited a year patiently with some pain and discomfort. It's now Nov 2009 and I'm experiencing severe pain with protruding silicone. Tip of my nose is red as if the implant is trying to poke out of my skin and very painful. I made an appointment to see the doctor again today and he was not in the office. The consultant claims he had another meeting with another patient in his other office but I feel that he is avoiding me. In the end, I was unable to see the doctor nor receive any pain medication. I told her I was in serious pain and that I needed something for the pain and she told me to call her later with my pharmacy�s information so the doctor can send in the prescription. Well, that never happened either.

I�ve brought this issue up to his �consultant� many times and every time, she gives me advice without letting me see the doctor. I�m unable to get a hold of anyone in the office besides her, and therefore forced to deal with her every single time when what I need is proper care from the doctor.

Looking back, I believe he didn�t follow standard procedures for the surgery by not requiring my medical history or ordering proper blood work before putting me through general anesthesia. He never fully disclosed possible complications with silicone implants and assured me that with his method, everything will be fine. I also believe he used a type of implant that is too large for my natural nose, giving me problems like this just a year after the surgery. I also believed he used the wrong method of surgical procedures, which I�ll find out in more detail when I go see another doctor for second opinion. Even after the surgery, he failed to provide standard follow-up postoperative care. A year later, I�m still unable to see him even WITH appointment. I would like to know if I have a case against the doctor for error of judgment and negligence and if so, what steps I need to take.

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