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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Is this a Medical Negligence case?I have been diagnosed

Customer Question

Is this a Medical Negligence case?I have been diagnosed with Post Traumatic Trigeminal Neuropathy (nerve damage) on the left side of my face as a result of a dermal filler procedure I had done 8 months ago. Constant daily pain is just one aspect of what I am going through, the suffering that goes along with this injury has had a huge impact on my daily life. I know that this was down to bad injection technique and poor judgement by my administering surgeon, who I feel, also failed to provide adequate duty of care after the procedure as she told me my pain was a result of a psychological disorder. I was fit and healthy before this procedure with no history of nerve issues. The medical experts I have seen say that this procedure was probable causation of my nerve damage.The surgeon was met with resistance and I could feel she was struggling and getting frustrated. She actually stopped and said to me "I am really struggling to get the product in" and then she pushed through and I felt an intense pain on the left side of my face. I believe I am now suffering nerve damage due to her bad injection technique and lack of patience during the procedure. I now know that when doctors meet with resistance they should make another incision, which unfortunately she did not do.
During my initial consultation with the surgeon, one of the many questions I asked her was about the possibility of nerve damage as it was not listed on their consent form. She informed me that using a cannula (blunt needle) pushes blood vessels and nerves out of the way as it has a blunt end, thus, not damaging them. Also, nerve damage is not listed as an undesirable effect for the dermal filler product in the consumer information literature or on the website. I feel as a patient I was not fully informed that there was a possibility that this could happen.
My cheek stayed red and fluctuated with inflammation and discomfort for 3 weeks. I started to develop intense burning, stabbing, stinging and tingling from my cheek to my eye bag right up to ​around my eye​ with headaches and ear aches. The pain was so bad around my eye I thought I might lose my sight as I did not know what was happening to me. I had visions of a huge abscess​es​ forming under my skin and I thought I might lose my cheek. The anxiety and panic attacks were horrendous.
The surgeon abruptly terminated her duty of care 6 weeks after the injury as she felt I had a type of dysmorphic / personality / somatization disorder. She never assessed me for nerve damage, even though I mentioned it to her. All she ever said was "you will be fine, stop worrying". I did find being told I had a psychological disorder hugely distressing. She​ told​ ​me ​​​to contact my GP from now on with my issues so he could refer me to​ a Psychologist to receive Cognitive Behavioural Therapy.​ She is a former ENT Surgeon who should have recognised the signs of very obvious nerve damage, according to my GP. To add, I have been seeing a Psychologist for the past few months to help cope with this traumatic event and the constant pain and she sees no sign of dysmorphic / personality / somatization disorder.Do you think I have a case?
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you.
Have you got a second opinion from another surgeon to see if they would have done something different?
Alex
Customer: replied 10 months ago.
Yes, I another expert told me that my administrating surgeon should have made another incision when she was met with resistance. Instead she pushed through when she got frustrated and this expert also explained to me that this caused her to "overshoot the plane".
Expert:  Ash replied 10 months ago.
Ok. If you want to claim you would need an expert report from another surgeon. If that says there has been negligence then yes you would have a claim. You can approach a no win no fee solicitor who can get a medical report done for you.
Once you have identified if you have a claim you can seek compensation.
Can I clairfy anything for you about this today please?
Alex

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