Legal Question in Medical Malpractice in California

Duty to Report Mistake, or Error

I know basic malpractice you can sue for negligence, and it cannot be a mistake that is common. A friend of mine had a chin implant and it slipped (probably common). My question is whether the Doctor is liable for anything because he would not tell her there was a problem. She had two surgeries with him. After the first surgery she specifically told him she thinks it slippled and it was VERY obvious something was wrong, but he told her that it was her bone. Four months she dealt with it, and eventually made him check again. Then he said it slipped. The second surgery occurred and basically the exact same thing happened. She complained that it isnt right, but he told her that it was perfect. Does a doctors duties end right after surgery or is he responsible to tell the patient that the surgery was not successful? Is he negligent in disregarding her complaints so easily? The mistakes were very obvious, yet he either failed to detect it or he purposefully lied. The slipping of the implant may be common, but she has had to deal with a very odd chin for 8 months because he wouldnt tell her what went wrong. I am not sure about this is he liable for anything? What are any possible options?


Asked on 5/17/06, 5:01 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Duty to Report Mistake, or Error

It sounds like a poor outcome by a poor surgeon. The only way to decide if there is a worthwhile case is to consult another cosmetic surgeon, this time an actual expert, and ask if he is willing to say in court that this was 'below the standard of care'. If so, you have a case. He can tell you if this is normal, and/or if it needs to be repaired. If you can get the expert to so state, contact me to discuss your rights and remedies in a lawsuit.

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Answered on 5/26/06, 7:27 pm


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