• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

doctor negligence caused permanent loss of smell

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

houstonrockets

Junior Member
What is the name of your state? VA

In the beginning of the year I had trauma to my nose where my doctor recommended nasal surgery to realign the nose and insert a metal plate in my cheek. I did not think it was necessary but he scared me into it.
After the surgery he informed me that he had also inserted nasal splints in my nose for stability.
He was not present after surgery but called me on the phone. He also told me to schedule an appointment to have my cast removed in a week.
I scheduled the appointment but the cast fell off before the appointment and when I called the doctor's office, the nurse told me that I did not need to come back in. The doctor also informed me to schedule an appointment for 6 weeks after the surgery. Ever since the surgery, I lost my sense of smell and taste. I was informed by the doctor that it would come back in 6 weeks.
After 3 weeks of having the nasal splints in, I called the doctor's office back because of the discomfort and they told me to come in for a re-evaluation.
The doctor completely forgot I had the nasal splints in my nose and looked very worried. Also, the membranes in my nostrils had swollen to almost cover the nostril and my nose started to become irregular in shape. He told me that he was sorry for forgetting about the nasal splints and told me my smell would come back in another 6 weeks and to schedule another appointment.

I believe that the irregularity in the shape of my nose, membrane swelling, and loss of smell is due to the extreme length of time the nasal splints and stitch were in my nose

What recourse do I have?
 


moburkes

Senior Member
What is the name of your state? VA

In the beginning of the year I had trauma to my nose where my doctor recommended nasal surgery to realign the nose and insert a metal plate in my cheek. I did not think it was necessary but he scared me into it.After the surgery he informed me that he had also inserted nasal splints in my nose for stability.
He was not present after surgery but called me on the phone. He also told me to schedule an appointment to have my cast removed in a week.
I scheduled the appointment but the cast fell off before the appointment and when I called the doctor's office, the nurse told me that I did not need to come back in. The doctor also informed me to schedule an appointment for 6 weeks after the surgery. Ever since the surgery, I lost my sense of smell and taste. I was informed by the doctor that it would come back in 6 weeks.
After 3 weeks of having the nasal splints in, I called the doctor's office back because of the discomfort and they told me to come in for a re-evaluation.
The doctor completely forgot I had the nasal splints in my nose and looked very worried. Also, the membranes in my nostrils had swollen to almost cover the nostril and my nose started to become irregular in shape. He told me that he was sorry for forgetting about the nasal splints and told me my smell would come back in another 6 weeks and to schedule another appointment.

I believe that the irregularity in the shape of my nose, membrane swelling, and loss of smell is due to the extreme length of time the nasal splints and stitch were in my nose What recourse do I have?
Did you seriously have surgery because you were scared NOT to because the doctor was going to beat you up, or something? Did you get a 2nd opinion, first?


Have you contacted a doctor who has confirmed what you believe? Your beliefs will not stand up in a court of law. They will need to be cofirmed by an expert in that field.
 

houstonrockets

Junior Member
He used scare tactics. IE. You will have permanent sinus infections for the rest of your life, your face will be deformed, I would personally do it if I were you, doing this surgery now will save you pain in the future.
 

moburkes

Senior Member
I still think that if you were so unsure, that you should have sought another opinion. However, based on the information that you provided, it wasn't the surgery that went wrong, but the stints.
 

houstonrockets

Junior Member
splints and stitch were removed over a month ago and the surgery was needed immediately, it could not wait and if I wanted a second opinion the earliest appointment at another hospital was a 3 week wait.

Also, the doctor stressed the important of doing the surgery right away.
 

moburkes

Senior Member
splints and stitch were removed over a month ago and the surgery was needed immediately, it could not wait and if I wanted a second opinion the earliest appointment at another hospital was a 3 week wait.

Also, the doctor stressed the important of doing the surgery right away.
Maybe I misunderstood you. In your original post it appeared that you did not want the surgery, but now you are saying that it had to be immediate which didn't leave time for a 2nd opinion, which seems that you DID appreciate the urgency of the situation.
 

xylene

Senior Member
Maybe I misunderstood you. In your original post it appeared that you did not want the surgery, but now you are saying that it had to be immediate which didn't leave time for a 2nd opinion, which seems that you DID appreciate the urgency of the situation.
I guess I missed that. A post facto explaination of why he felt rushed by a trusted expert now amounts to proof that he was given and understood a full explanation of the risks and benefits? I don't get that but it sounds very interesting.

But lets back up. Only another DOCTOR is going to be able to prove your fisrt doctor boched the surgery. Unfortunately - loss of oldfactory nerves is a risk of nose surguery. This is why I would rather sound like a Dalek all winter than accept the risk with having a doctor bore holes thru my skell.

Even if you can't prove what you know (that the doctor is a butcher) a new doctor can offer help you more help to recover your nerve endings than 'call me in 6 weeks'.

You will need to consult with a doctor to see if you have a case, and you will need to get a lawyer if you do.
 

moburkes

Senior Member
I guess I missed that. A post facto explaination of why he felt rushed by a trusted expert now amounts to proof that he was given and understood a full explanation of the risks and benefits? I don't get that but it sounds very interesting.
No, I'm not saying that. Sorry if its coming across that way. I thought, based on the original post, that he felt he was forced into an unnecessary surgery, not that he understood the risks and benefits. But, also, when there is a, say (for example) 2% risk of something bad happening, and then, afterwards, the OP ended up in that 2% category, what can you do? Does that mean it was botched?

I don't think that, after reading more responses, OP is still questioning the actual surgery, but the stints.

I agree with the rest of what you said (and even stated that in my original post).
 

houstonrockets

Junior Member
I am not conflicted with the surgery itself but the length of time the splints and stitch was in my nose. The office and the doctor made a mistake which caused me to have them in for 3 times the length of time recommended. The doctor also admitted that the stitch has caused membrane swelling.
 

xylene

Senior Member
No, I'm not saying that. Sorry if its coming across that way. I thought, based on the original post, that he felt he was forced into an unnecessary surgery, not that he understood the risks and benefits. But, also, when there is a, say (for example) 2% risk of something bad happening, and then, afterwards, the OP ended up in that 2% category, what can you do? Does that mean it was botched?

I don't think that, after reading more responses, OP is still questioning the actual surgery, but the stints.

I agree with the rest of what you said (and even stated that in my original post).
I get what you mean.

I think there are two potential aspects this guy needs to address.

1) Was the surgery required on the aggressive timeline and did he know the risks?

2) Did the doctor screw up on the stints?

In terms of item 2 - I have to say there is something to say about the role of gut instincts. Its not going to hold up in a med-mal hearing, but you don't need an ENT to know when your doctor just said "GULP".
 

ForFun

Member
You need to see a second doctor to determine:

(1) Whether the stints caused you injury by being in too long; and
(2) How soon stints should be removed in order to reasonably prevent injuries.

If the second doctor opines that the stints were in too long, thereby injuring you, and the prevailing medical opinion in your area is that stints should be removed sooner than they were removed, you may be the victim of malpractice. You should then see an attorney.
 
Last edited:

ellencee

Senior Member
houstonrockets

I wouldn't know a darned thing about nasal splints if my brother-in-law hadn't been injured in a biking catastophe recently--but, I do!

The surgery was properly encouraged. If the cheekbone needed a metal plate, as did my brother-in-law's, when you sneezed, the cheek would have inflated and put pressure and possible nasal secretions into your eyes via your tear ducts. Aesthetically, you wouldn't have been as pleasing later on with your cheek sunken.

The normal timeframe for removal of the splints is one week. The surgeon correctly told you to come in for a follow-up in one week.

Most likely, you did not speak with a nurse when you called the office; you most likely spoke with a receptionist or scheduler. Surely, you told the person your surgeon said for you to come in one week post-op for splint removal; didn't you?

You could have called back and asked to speak with the surgeon or with his/her nurse. You could have gone to the office without an appointment.

I believe that if you have lost your sense of smell, permanently, then you more likely than not have a viable claim of medical malpractice and stand to be awarded a tidy sum of money (not millions).

Your state may have contributory negligence statutes that will prevent an award entirely or reduce an award by your contributory negligence (not making more than one phone call to schedule your one-week follow-up visit.)

My opinion is to wait and see if your sense of smell returns in a few weeks. The additional trauma from the splints and the adhesions and the swelling, etc. could delay the return of your sense of smell, so I encourage you not to panic at this time.

I also believe that you have valid reason to seek a consultation with a medmal attorney now rather than later. You want to make sure that you don't get the short end of the stick, again.

Thanks for an interesting post.

Best wishes,
EC
 
Last edited:

ecmst12

Senior Member
It's only been a month and the doctor said it would take at least 6 weeks for your sense of smell to return. It's too soon to tell if your damages are permanent. But I definitely agree that you should see another doctor about this. If your damages are NOT permanent though, and you recover completely, your damages will be insufficient for a viable claim.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top