Surgeon Allegedly Fails to Acquire Patient Consent for Cosmetic Nose Surgery

Case Overview

This case involves a 54-year-old male actor with sleep apnea who had a dermal filler injected into his nasolabial fold. Several months after the procedure, the patient believed he was having an adverse reaction to the dermal filler and visited a plastic surgeon to inquire about removing it. The plastic surgeon informed the patient that the dermal filler could be removed. The surgeon also suggested that the patient’s sleep apnea would be improved with an additional procedure on his nose. The patient underwent a removal of the dermal filler and elected to take the surgeon’s advice and undergo the procedure on his nose. At no point was the patient informed by his surgeon that the procedure would cosmetically alter his nose. After the nasal procedure, the patient discovered that a large part of the dorsum of his nose had been removed and the tip and shape of the nose looked markedly different. In the months following the procedure, the patient’s sleep apnea worsened and he suffered from chronic thick drainage which made swallowing difficult.

Questions to the Plastic Surgery expert and their responses

Please describe your background as it relates to the type of procedure performed here?

I am in active plastic surgery practice at an elite university on the west coast where I am also a clinical associate professor and chief of the cosmetic surgery section for our division. I give a lecture on rhinoplasty yearly to plastic surgeons preparing for their American Board of Plastic Surgery examination and I have published on rhinoplasty. I am familiar with the type of procedure that was performed in this case.

Can you speak to the process of informed consent when performing cosmetic or reconstructive surgery?

I can speak to the process of informed consent when performing cosmetic or reconstructive surgery. The communication is through the discussion of the procedure and the consent process as well as digital imaging if indicated. I have reviewed cosmetic surgery cases of the face including rhinoplasty.

About the expert

This expert has over 20 years of experience in the field of plastic surgery. He earned his BS from Tufts University and his MD from Albany Medical College. He then completed a residency in general surgery at the New Jersey Medical College, a second prestigious residency in plastic surgery at the University of California, San Francisco, a fellowship in hand and microsurgery at New York University, and a second prestigious fellowship in craniofacial surgery at Stanford University. Today, this expert is board certified in plastic surgery and is a member of several professional organizations, including the American Association of Plastic Surgeons, the American Society for Aesthetic Plastic Surgery, and the American Academy of Facial Plastic and Reconstructive Surgery. He is also very active in academia, having published over 45 abstracts, 30 peer-reviewed journal articles, and 24 textbook chapters on topics pertaining to plastic surgery. This expert previously served as a clinical assistant professor of plastic and reconstructive surgery at Stanford University. Currently, he is a plastic surgeon at five hospitals and the chief of cosmetic surgery, the co-director of the resident cosmetic surgery clinic, and a clinical associate professor of plastic and reconstructive surgery at a top medical school in northern California.

E-008607

Specialties:

Plastic Surgery

Dr. Wendy Ketner is a distinguished medical professional with a comprehensive background in surgery and medical research. Currently serving as the Senior Vice President of Medical Affairs at the Expert Institute, she plays a pivotal role in overseeing the organization's most important client relationships. Dr. Ketner's extensive surgical training was completed at Mount Sinai Beth Israel, where she gained hands-on experience in various general surgery procedures, including hernia repairs, cholecystectomies, appendectomies, mastectomies for breast cancer, breast reconstruction, surgical oncology, vascular surgery, and colorectal surgery. She also provided care in the surgical intensive care unit.

Her research interests have focused on post-mastectomy reconstruction and the surgical treatment of gastric cancer, including co-authoring a textbook chapter on the subject. Additionally, she has contributed to research on the percutaneous delivery of stem cells following myocardial infarction.

Dr. Ketner's educational background includes a Bachelor's degree from Yale University in Latin American Studies and a Doctor of Medicine (M.D.) from SUNY Downstate College of Medicine. Moreover, she is a member of the Board of Advisors for Opollo Technologies, a fintech healthcare AI company, contributing her medical expertise to enhance healthcare technology solutions. Her role at Expert Institute involves leveraging her medical knowledge to provide insights into legal cases, underscoring her unique blend of medical and legal acumen.