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Injuries on face after surgical procedure from tape used for anesthesia...still have scars 3 months later. What can I do?

Richardson, TX |

Went in for a procedure that required me to be tilted upside down for 6 hours. The doctor told me my face would swell even though I am a thin woman. After surgery, my face was burning very badly...I looked in the mirror and I had several places where the skin had been removed. The nurse explained that it was from the tape that was used to hold tubes during my surgery for anesthesia. She said they used the wrong tape and I had an allergic reaction. It has been 3 months and I still have scars.....what options do I have for compensation?

Attorney Answers 7


  1. You may want to consider getting together with a medical malpractice attorney in your local area. I have also changed the practice area to reflect Medical Malpractice instead of personal injury in order to provide your question to medical malpractice attorneys. You should take some photos of your injuries as things do change. Good luck.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  2. This may be a case where a lawyer handling medical malpractice claims would be willing to represent you. It all depends on the degree and permanency of your injury and whether or not the proper standard of care was met by the doctor. You need to talk to an attorney about this who can help you decide if it is worthwhile to proceed.


  3. I assume you are seeking medical attention for the scars. In addition all you can do is try to find an attorney to handle a medical negligence claim. Medical malpractice cases are very difficult in Texas because the legislature passed laws to make it almost impossible to even get to trial and if you do get to trial, the amount you can receive is limited by statute. They wanted to do away with your right to recover without actually saying so. You will have to try and find someone to handle it, but it will not be easy.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.


  4. Gather copies of your medical records and bring them to a medical malpractice attorney to review. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


  5. You have a potential health care liability claim under Texas law. Unfortunately, the Texas legislature and the Texas Supreme Court have made these pursuing these cases very difficult. Your economic damages (future medical bills) need to be significant in order to justify the expenses. You need a personal injury trial lawyer to evaluate your case soon.

    John Zgourides
    (713) 876-7001
    www.zgourides.com

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  6. The cost of a lawsuit might exceed the recovery, but call one of the above lawyers in your state to investigate.


  7. Talk to a medical malpractice attorney. You will notice that most answers to this question are from medical malpractice attorneys outside of Texas. The reason for this is that tort reform has almost completely eliminated any lawsuits against any health care provider.

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