Legal Question in Medical Malpractice in Ohio
Rhinoplasty - Legal Advice
Nearly two years ago my daughter (age 21) had rhinoplasty. As a child, her nose was broken which caused a slight, crooked nose. The plastic surgeon (MD, Board Certified) that we went to did not correct the problem - the nose is still crooked and he admits to this. He is offering to re-do the procedure at no cost to us (other than facility/anesthesia costs). We do not want him to re-do anything -- we only want our money back for his services. He is saying that is not an option and will not reimburse us.
We went to a world-renowned plastic surgeon. Not for a second opinion, but to have her correct the my daughter's nose. She reviewed the first doctor's operative report and based on what she read, he did not fix the problem and even if he were to re-do the procedure -- it still would not fix the problem.
What recourse do we have in getting him to reimburse us for his services?
Thank you for your advice and recommendations.
2 Answers from Attorneys
Re: Rhinoplasty - Legal Advice
You may very well have a claim for malpractice against the doctor. You really should consult an attorney.
Re: Rhinoplasty - Legal Advice
Your daughter's claim would fall under the ohio medical Malpractice law. Even if you treat it as not getting what you paid for, under Ohio law it is still considered malpractice.
Your biggest problem is going to be that the time limit for a malpractice action in Ohio is one year from the date of the malpractice or one year from the time that you knew or should have known that you were a victim of malpractice. When did you go to the 2nd plastic surgeon? There are other questions that will need to be answered before you will know if you can successfully pursue this but you should talk to an attorney. Most attorneys who handle malpractice claims are willing to give you a free office conference to go over the facts and discuss your options. You should take advantage of this.
I would be happy to talk to you or your daughter if you have any questions. There is no charge and no obligation for the information.
good luck
DHD
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