Revision rhino infection, hanging graft, hard lump – how to seek compensation?

[Indented]

I am currently on day 30 after a revision nose rhinoplasty. During my first consult I emphasised my troubles with my nose (deviated tip, pinched nostril), the surgeon remarked on the same flaws (he seemed to confirm all the same problems) and made his suggestions stating that nothing could be resolved 100% – which is understandable, I am a realistic person. I also asked about under eye fat grafting which he rejected and instead recommended fat repositioning. I agreed to these two procedures and proceeded to discuss them with the consultant (consultant A) through my translator. There was no miscommunication, my translator is bilingual and was not working for secret commissions from clinics (fact). We bargained on a price for the two procedures, I paid my deposit, did a blood sample and was booked for surgery the next day.

On the surgery day a different consultant (consultant B) dealt with me, I had arrived before my translator but consultant B didn’t want to wait her. She spoke some basic English. She gave me my surgery contract, which had an english translation, and asked me to sign. I insisted on waiting for translator – once she arrived and confirmed everything was legit, I signed. She said she could not offer a written statement that the clinic would do a free revision if complications arose, but the contract covered something similar. So I paid the consultant my money and asked about how to deal with post surgery issues from the nose and fat repositioning – she reassured me and offered some icing advice. I requested to talk to the anaesthesiologist, which she told me I could after my final consult with the nose surgeon. She wrote my surgery details on a patient wrist band (partly in korean and in english) and sent me to my surgeon for final consult. I trusted she had written the correct procedures…

During my final consult with the surgeon I noted he was extremely impatient. He hurriedly read through the notes from the previous day regarding my nose, confirmed the details I was unhappy with and the materials he would use. He didn’t mention my under eye fat repositioning – I assumed this was because he was the rhinoplasty specialist and another surgeon would be used for my under eye procedure. Suddenly the doctor stood up and smiled, indicating we were done, and I was lead to the surgery room for a earlier surgery start than arranged. I was so overwhelmed and filled with natural fear that I couldn’t think properly, everything was happening too quickly. I was lead to the surgery table and my GA IV was inserted, the consultant stayed with to hold my hand. As I waited to go under I noticed the MAN next to me was NOT the surgeon I had consulted with and was clearly not one of the 2 FEMALE anaesthesiologists they had mentioned…

When I woke, the consultant was there patting me firmly on the stomach to wake up. She kept repeating I should get up and walk around, I would feel better. My head was pounding, I was groggy , could barely open my eyes and I felt like I had been slammed onto concrete repeatedly. Apparently everything had been a success.

The next day I asked my partner what time I had come out of surgery. The surgery that was supposed to take 2 hrs had taken 5… I also noticed there were no fat repositioning stitches on my cheeks as I was told there would be. I sent a photo of my clinic card to my translator and she told me the fat repositioning had NOT been noted, ONLY revision rhinoplasty details.

When I returned to clinic on my 5th day for dressing removal I spoke the original consultant, A. asked why surgery had taken so long and about the man I seen. I was brushed off, told everything had been a success and that the man was a anaesthesiologist (who is ALSO NOT noted on their webpage!). My translator questioned in confusion my lack of eye fat repositioning stitches. Consultant A said there had been a misunderstanding and that during bargaining she insisted that she understood that we had only discussed rhinoplasty – which is an impossible misunderstanding. I and my translator were very explicit about the surgery details – I had visited 12 clinics and received quotations for both procedures which consultant A understood and was therefore competing with. She eventually agreed to compensate for the “the misunderstanding” by performing the surgery on a later date or in beauty treatment coupons. The revision rhinoplasty had been so traumatic that I couldn’t bear the idea of a repeated surgery with the clinic, so I agreed to the coupons… money reimbursement was not an option.

Day 7, stitches were removed on my columella and ear. My ear was still incredibly swollen and painful. It bled a alot during stich removal. When I inquired, the nurse reassured me with “everything is ok” and covered it with a plaster which I was to leave on for 3 days.

On day 9 following stitch removal there were still two obvious crusts of dried blood left in the triangle tips of each nostril. I noted that the tip still looked slightly deviated to my left. When I shone a light under nose, I noticed I could see the graft hanging inside.

Day 10 I became aware that in my right nostril, on the side of the columella was a small bump. Had a pale yellow tinge and was the size of a pimple. This became bigger over the following 5 days to the size it is now (3-4mm). I noted my left nostril still appeared indented.

Day 30, the lump on my columella and hanging cartilage graft are more obvious. I’m concerned that my surgeon didn’t fix my indented nostril and has only made it worse… I have also had to deal with a heavy ear infection from where they harvested cartilage.

The clinic treats me like an idiot when I contact them, which I can only do through writing and photos since they REFUSE to offer me the phone number/email of their english speaking consultant OR my surgeon (who speaks clear english). They refuse to offer any names, directly answer my concerns and it took two weeks to receive a reasonable email from an English speaker with medical advice concerning my ear infection. Of course by then I had visited 2 ENTs in my home country and followed my doctor’s instructions.

I am unable to get answers regarding my situation from my clinic. The most I have from them is that “it seems to be protruding cartilage and not a tumour”. They wont tell me why it is protruding or how I can rectify the issue or what can be done about my indented nostril graft.

Please give me your suggestions. I am looking for a refund from this clinic. They have disregarded and dismissed me since the operation. I am only able to contact the clinic through kakao and email since they won’t give me an english speaking contact (neither consultant B’s or even my surgeon’s). They often claim they can’t understand my translated korean messages… Furthermore, I’m also worried they will try to dismiss me after the efforts and expenses of making another trip to confront them.

I have visited a ps surgeon in my home country and recorded our consult discussion in which he confirmed the lumps are extremely rare and could be dangerous. It seems I will need a 3rd surgery to fix these complications but I can’t trust this irresponsible clinic. I am seeking a refund and compensation for my travel expenses.

Has anyone been in a similar situation? If so please share your knowledge. I need to be fully prepared before I pay out for another plane tickets, translator and give up my time to revisit them… I’m also wondering if I will require a lawyer.

Please help, I’m feeling rather overwhelmed and lost. I am corresponding with a new translator who tells me I should go to Korea asap since the longer I leave it, the more likely the clinic will wash their hands of me.

[Jeet Singh]

Hi Indented,

Thank you for sharing your story, and I know there are no words to describe the frustration and stress you have been experiencing from this ordeal. I’m going to need some time to process it, but I want to keep this discussion going because I am sure we will be discovering more information as we continue this dialogue.

You sound very organized, which will go a long way in pursuing any type of rectification as a patient.

If you can’t seem to revolve the issue directly with a clinic, then you essentially have two options to involve third parties: Medical Arbitration and Dispute Resolution.

The major difference beteween Medical Arbitration and Dispute Resolution is the former resolves the problem outside of court, costs less and is usually much faster, and the latter is pursuing the matter through an attorney and law suit, which may or may not lead to an actual court case if the defendant settles. Both methods have their pros and cons.

Here is a flow chart to explain the options you can take:

– The contents mentioned above serve only as a reference concerning medical dissension and has no legal validity.

Korean Medical Arbitration Information:

http://www.medicalkorea.or.kr/open_content/fight/f_02.jsp

Korean Law Firm with Experience in Medical Disputes:

http://www.ipglegal.com/en/contact

This firm has a lawyer who was formerly a judge and has presided over medical malpractice cases.

[Indented]

thank you very much for your reply. I think I’d prefer the Medical Arbitration route.

To update you, after my new translator called the clinic I finally received a proper response from the Dr. (director of the clinic, who boasts appearances on TV – none of which I knew or cared about prior to surgery). He responded to my concerns via email (directly, for the first time). From his response, it seems he completely neglected to perform a alar graft to balance my nose – which was very strongly communicated as a main concern for my revision. I’ve sent a follow up email to clarify this. If so… this clinic has failed me in several areas: forgetting to perform a surgery that had been discussed and paid for (eye fat repositioning), neglecting to carry out the revision details agreed on (alar graft), poor after care and communication leading to an ear infection on surgical site, and poor professionalism and response towards my urgent emails and messages. If this director really did perform my surgery, he should be extremely embarrassed as his skills and competence are extremely lacking…

[Indented]

To summarise the Dr’s reply, he essentially asked me to wait 6 months before making a final decision about the surgery’s success.

I highly doubt my collapsed alar or protruding grafts are issues likely to resolve in time… I’m also concerned about waiting 6 months as I’ve been recommended by my translator to pursue the clinic ASAP as she suggested the clinic may use time as an excuse to misplace blame. If the month wait is a delay tactic to blame me for failure to follow aftercare (which was never communicated or explained in detail at any point anyway) – should I get mediation now??

[Jeet Singh]

It sounds like there is some progress on their part, but sounds like you’re making a lot of effort just to get a decent response from them. Usually when doctor’s say wait, it could be for two reasons. One is valid in terms of waiting for the swelling to subside and for the nose to start to show its long term form, and the other is to stretch time in hopes the sense of urgency will fade, and it can also weaken your claim.

I think you should contact Medical Korea and ask them for advice on timing and how to proceed.

[Author]

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