Patient Alleges Nose Job Led To Perforated Septum
On Sept. 10, 2002, plaintiff Stephanie Giammarino, 34, underwent a rhinoplasty that included the removal of a bump on the right dorsum of her nose. The procedure was performed by Dr. Laurence Glickman, of Long Island Plastic Surgical Group, P.C., and it included nasal osteotomies–breaking of the nasal bones. Glickman had determined that the osteotomies were necessary to create a pyramid-shaped nose. Glickman also removed cartilage from Giammarino’s upper and lower lateral nasal cartilages.Giammarino did well during the six months that followed the surgery, but she subsequently suffered nasal bleeding and crusting of her septum’s left side–an area that was not addressed by the surgery. In April 2003, Glickman inspected the area and observed an ulcer on the septum. He referred her to an otolaryngologist.Giammarino saw the otolaryngologist twice in April 2003, but she did not see a doctor for her septum complaints until August 2004. She claimed that she was undergoing conservative treatment during the intervening 16 months.
After Giammarino saw the otolaryngologist in August 2004, she next saw Dr. Mark Shikowitz in December 2004. Shikowitz informed her that she was suffering a near perforation of the septum and that it was caused by Glickman’s excessive resection of cartilage.
Giammarino sued Glickman and Long Island Plastic Surgery Group. She alleged that Glickman failed to properly perform the rhinoplasty, that his actions constituted medical malpractice and that Long Island Plastic Surgery Group was vicariously liable for Glickman’s actions.
Giammarino’s counsel presented Shikowitz, who opined that the perforation was caused by Glickman’s excessive resection of cartilage. Shikowitz contended that the osteotomies were improperly performed in that they were uneven. He also contended that Glickman did not recognize that Giammarino was suffering a deviated septum. He claimed that Glickman’s failures resulted in an uneven, obstructed airflow that caused the ulcer and, ultimately, the perforation of the septum.
Defense counsel contended that Giammarino did very well initially after the surgery, with no complaints for six months, and that the ulcer developed independent of the surgery and had no relation to it. He also contended that Shikowitz never looked at the area of the osteotomies and therefore could not know if the osteotomies were uneven. He claimed that postoperative photographs showed a very good nasal profile and no evidence of nasal deformity. He further claimed that the photographs also showed that Glickman did not remove too much cartilage.
In response, Giammarino’s counsel claimed that the postoperative photographs were taken too soon to show the defects that developed over time. Shikowitz did not take preoperative or postoperative photographs related to his surgery of March 2005.
Giammarino claimed that she developed an ulcer that led to a perforation of her septum. She contended that the perforation’s size exceeded 1 centimeter. She also claimed she was constantly bleeding and that surgery to repair the perforation failed, thus requiring future surgery that will address the perforation.
Giammarino sought recovery of damages for her past and future pain and suffering.
The jury rendered a defense verdict. According to defense counsel, the jurors stated that they had difficulty with Giammarino’s failure to see a doctor for her nose for 16 months and that the postoperative photographs were evidence of a surgery that was successful, at least initially.