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Rhinoplasty Maryland
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Question: About 23 years ago I supposedly underwent a septoplasty (operation on the
septal cartilage) during a rhinoplasty (nose job) procedure. A current
doctor has determined that no septoplasty had ever been performed, and this
finding has since been corroborated. At the time (23 years ago), Blue Cross
Blue Shield paid the flamboyant Philadelphia rhinoplasty physician who did
the surgery because it was indicated as treatment for a nasal-breathing
problem (which also never existed). My goal for having the procedure was
strictly aesthetic, but the doctor was able to "discount" his surgical fee
to many patients by offsetting some of the costs to the insurance company
under the pretense of "deviated septum". I accepted this "discount" because
he suggested that I would breathe with more ease after the procedure (I
breathed fine after the procedure, and I really noticed no difference).
My current doctor says that I actually (still) need a septoplasty to correct
a problem I'm having--and that's how this whole thing came up. I'm not
looking to benefit financially here, but I would like my new septoplasty to
be paid for by the doctor who committed the fraud or by the insurance
company who was defrauded... Is there a statute for such fraud? Is this
something most reasonable people should just forgive and forget (I am
willing to do this, but I just don't know what to do, and how much time to
spend on this?
Answer: There are two statutes involved, the statute of limitations and
the statute of repose.
The statute of limitations probably has expired. The statute of
repose, which differs from state to state, provides that after a
certain period of time, even if a cause of action wasn't
reasonably able to be discovered, you lose the right to sue.
Speak with a local personal injury attorney for more detail.
--
Brett
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* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* law...@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
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The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation
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