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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11142
Experience:  30 years as a practising solicitor.
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Last May I underwent a revision rhinoplasty with a top uk

Customer Question

Hello, last May I underwent a revision rhinoplasty with a top uk surgeon. I am a known type 4 latex allergy, This was completely documented in my surgical notes and i was banded up as an allergy sufferer for theatre. I woke up with a cast held on my nose with a large Elastoplast style dressing. I was somewhat surprised but seeing as I had been indicated for latex allergy, I assumed this must be a latex free variety. However after 4 days the intense burning under the dressing alerted me to the allergic reaction taking place underneath. I could see weeping blisters below the edges of the plaster. I contacted the clinic first thing who advised as they were over 100 miles away, if I could remove the dressing myself I should do so, and hope the cast did not fall off. I did this and although the cast did not come away it was somewhat disrupted by the process and the skin underneath had a severe contact dermatitis reaction requiring prescription strength steroids. My face was red raw and the marks remained visible for several weeks. I have taken photographs. Although I disregarded it at the time, my issue now is this - now my nose is 7 months healed it it obvious the bones one one side have not healed properly and have moved. There appears to be a gap between them. I have a second follow up appointment with the surgeon on Thursday. Given my experience would I be entitled to ask for this to get correctedfor free? I can't imagine disrupting the cast early did not at least add to this issue. If not would I have the basis for a negligence claims or the use of known allergen containing products?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

Thank you for your question. I am a solicitor in Scotland. If it is established that the urgent removal of the dressing caused the procedure to be less effective than it otherwise would have been then you would have cause for complaint and could ask them to fix it as you could hold them negligent for not taking account of your allergy. However, you can't make assumptions. There has to be either an admission on their part or alternatively you would have to prove on a balance of probabilities that the wrong dressing caused the end result. For that you might have to get an expert report elsewhere. The first stage is to gauge the position at your follow up appointment and then make a decision from there. I hope that helps. Please leave a positive rating so that I credited for my time.