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Case Dismissed as to Plastic Surgeon
In this case plaintiff alleged improper performance of a rhinoplasty leading to the development of a large cyst or infection on plaintiff's nose. The claims included failure to properly perform the rhinoplasty, improper use of suture material, improper suturing technique, and failing to order appropriate consults postoperatively. The plaintiff did develop a large indented scar on the side of her nose following a second surgery to explore the cause of the cyst, thought to be from a reaction to suture material.
Following the plastic surgeon's deposition, we moved for summary judgment dismissal of the case using an affidavit in support from a very well regarded plastic surgeon. Our expert stated that the plastic surgeon properly performed the rhinoplasty with appropriate suture material and technique, and ordered appropriate follow up consults when the problem was reported by the plaintiff.
Plaintiff's counsel advised that he would be opposing our motion and requested an adjournment to allow for an opportunity for his expert to refute our position, however plaintiff's expert failed to provide an affidavit and the case was dismissed.
