Question Details:I had a nose job about 3 years ago. After my first year, I went in for a post-op appointment; it was obvious that my nose was crooked. The doctor said there was nothing he could do because that's how it turned out, and any other procedure would be risky to make it worse. My breathing also go much worse after the surgery, and I had another smals laser surgery to improve breathing but it hasn't helped. Now I need another surgery (deviated septum) to help my breathing. I am upset that I spent $5,500 to have a crooked nose andbad breathing problems. Is a lawsuit warranted, or another option? Should I speak to a malpractice attorney? I'm in Walnut Creek, CA.
The first, and biggest problem, is that you may be outside of the statute of limitations to bring a lawsuit for this claim. The "statute of limitations" is a fancy legal term that refers to the amount of time that a claimant has to file a lawsuit after the incident that gives rise to the injuries took place. If you miss the statute of limitations then you waive your ability to file a lawsuit. Second, in order to file a medical malpractice lawsuit, you will probably need another doctor that practices in a similar medical field to render an opinion that your original doctor's treatment of you fell below the appropriate standard of care. If you cannot obtain that type of medical opinion, then you also will probably not be able to bring a lawsuit for that reason. Nevertheless, I suggest that you consult with a medical malpractice/personal injury attorney to discuss this matter in greater detail and to evaluate all legal options available to you at this time.