Joseph C. Avakoff, M.D., J.D.

Medical Legal Matters

Actual Case History

Medical Malpractice

A 60 year old female underwent a facelift operation.

Immediately following the surgery, she noticed that the lower half of the right side of her face did not move.

Although she continued to follow her plastic surgeon's post-operative instructions, it eventually became apparent that the paralysis was permanent.

She consulted her attorney regarding a medical malpractice action against the plastic surgeon.

On careful review of the records, it became apparent that there was no breach in the standard of care by the plastic surgeon. In fact, injury to the facial nerve is one of the recognized complications with this operation. In addition, it was clear from the plastic surgeon's notes that he had informed the patient of the possible complication of facial nerve injury.

 Professional persons are not required to have the highest degree of skill. It is sufficient if they possess and exercise the reasonable degree of skill and care ordinarily possessed and exercised by members of their profession in similar circumstances. Sinz v. Owens, 33 C2d 749 (1949).

 The physician must disclose the available choices with respect to proposed therapy, and the dangers inherently and potentially involved in each. Cobbs v. Grant, 8 C3d 229 (1972)