Woman Claims Surgeon 'Upsold' Her Unnecessary Surgery, Leading to Nostril Collapse

A woman is alleging that a surgeon pressured her into undergoing unnecessary procedures during a consultation, which resulted in the collapse of her left nostril. She claims the surgeon ignored her concerns and ultimately ended their professional relationship after she raised her complaints.

Background of the Alleged Misconduct

The incident reportedly began in August 2019, when the woman visited an otolaryngologist (ear, nose, and throat specialist) for the removal of a benign tumour in her left nostril. According to the woman, the surgeon diagnosed the tumour and recommended its removal. However, she claims the surgeon then upsold her on additional procedures, including sinus surgery, which she did not initially request.

The woman said she never expressed a desire to improve her nasal airway, and the surgeon did not clearly explain the risks associated with the additional surgery. She told the Health and Disability Commissioner (HDC) that the pre-surgery tests were not adequately explained, leaving her with a lack of informed consent.

Post-Operative Complications and Lack of Support

Following the surgery in June 2020, the woman raised concerns with the surgeon within two days, reporting that her left nostril collapsed upon deep inhalation. The surgeon advised her to continue rinsing the area and use a steroid spray, but no clinical notes were documented about her concerns.

At a third post-operative appointment, she again raised the issue, but the surgeon became defensive and dismissed her concerns, stating that the outcome was “still a good one.” The complaint was only documented in the consultation notes at that point, and the surgeon noted that the nasal passage appeared normal, despite the woman’s persistent concerns.

The woman said the discussion turned heated, and the surgeon ultimately told her he no longer wished to treat her, asking her to leave the office. She was later reprimanded by the receptionist for her “apparent rudeness,” which she found deeply unprofessional.

The Surgeon’s Response and the HDC’s Findings

The surgeon denied the allegations of upselling and claimed that the woman had misunderstood the discussion about the additional procedures. He stated that the collapse of the nostril was due to forced breathing and that healing could take up to 12 months. He also claimed the woman was “overly dramatic” and uncooperative during the final appointment, leading him to terminate the consultation.

However, Deputy Health and Disability Commissioner Vanessa Caldwell found that the surgeon had breached the Code of Health and Disability Services Consumers’ Rights. She noted that the doctor failed to provide the woman with a written acknowledgment of her complaint within five working days and missed an opportunity to resolve the issue professionally.

Caldwell emphasized that consumers have the right to question surgical outcomes and make complaints, even if the doctor-patient relationship becomes strained. She criticized the surgeon for ending the relationship “to avoid argument” and urged that such decisions should be handled in a professional and respectful manner.

Caldwell also pointed out that the surgeon did not adequately explain the risks of the additional surgery and failed to provide the woman with a clear understanding of why the procedure was necessary. While the HDC could not determine whether the surgeon’s diagnosis was incorrect due to a difference in clinical opinion, it was noted that the woman trusted the surgeon’s expertise and that this trust may have contributed to her lack of informed decision-making.

Changes to the Surgeon’s Practice

The HDC found that the surgeon took the matter seriously and made several changes to his practice, including participating in consent development forums, improving data collection processes, formalizing complaint procedures, reviewing doctor-patient relationship guidelines, and increasing staff, including the addition of a plastic surgeon specializing in nasal surgery.

The surgeon was instructed by the HDC to apologize to the woman and conduct an audit of his compliance with the complaints procedure. The commissioner’s report highlights the need for better communication and transparency in medical practice to ensure that patients are fully informed and empowered to make decisions about their care.

This case underscores the importance of clear communication between healthcare providers and patients, as well as the need for medical professionals to handle complaints with professionalism and empathy, even in the face of disagreement.