A Rye dermatology practice has been sued for allegedly failing to advise a patient of the risks of Mohs surgery in treating skin cancer.
Kathryn and David S. Block accused Dr. Jonathan Nelson and Family Dermatology and Laser Center of medical malpractice, in a May 16 complaint filed in Westchester Supreme Court.
Had Kathryn known of the risks of Mohs surgery for treating basal cell carcinoma versus the effectiveness of alternative, non-invasive treatments, the complaint states, she would not have consented to the procedure.
The Blocks were lifelong residents of Westchester County until 2022, lived briefly in Stamford, Connecticut, and moved to Venice, Florida in 2024.
In 2023, Kathryn was examined at Family Dermatology for what seemed to be a minor, pencil erasure–sized blemish on the left side of her nose, according to the complaint. Physician assistant Lauren Sinclair, who also is named as a defendant in the lawsuit, shaved the top layers of skin on the lesion and sent the specimen to a laboratory for analysis.
Five days later Kathryn was told that the biopsy revealed basal cell carcinoma. She claims that the call lasted less than a minute and that she was given no information about the diagnosis, her prognosis, the risks associated with the cancer or treatment options.
She was referred to Westchester Dermatology & Mohs Surgery in Mount Kisco, where she met Dr. Nicola Quatrano. He discussed Mohs surgery, a technique where thin layers of skin are excised and examined in stages until no cancer is detected, according to the complaint, and he advised her that she might need plastic surgery after the procedure.
On July 12, 2023, a 20-minute Mohs surgery was done and later that day another doctor performed the first of two reconstructive surgeries, the complaint states. Weeks later, the stitches were removed and Kathryn noticed the skin around her left nostril was thicker and the nostril was shrunken and disfigured, and breathing became difficult.
The Blocks moved to Venice, Florida and in August 2024 Kathryn was examined by a doctor who performs Mohs surgery. He found a collapsed nasal valve, cartilage damage, and 90% blockage of her left nasal passage; attributed the damages to the Mohs procedure and reconstructive surgery; and advised her that nothing could be done to correct the obstruction, according to the complaint.
Kathyrn claims that the blockage makes it difficult to sleep and has limited her ability to engage in activities that require normal respiratory capacity.
The National Institutes of Health has documented a 41% risk of nasal valve collapse when Mohs surgery is performed on the lower portion of the nose, according to the complaint, and alternative treatments pose fewer risks.
Besides malpractice, the Blocks accused Dr. Nelson and Family Dermatology of failing to provide informed consent and of negligent training and supervision of employees. David Block is suing for loss of consortium for deprivation of the society, services and companionship of his wife. The Blocks are demanding unspecified monetary damages.
On Jan. 12, the Blocks made similar charges in a lawsuit filed against Dr. Quatrano. He has formally denied the accusations.
