Daly City, CA asked in Criminal Law, Medical Malpractice and Personal Injury for California

Q: My situation doesnt have damages to pursue a malpractice suit. Was there willful negligence? Criminal act?

I asked a surgeon to inject dermal filler into my lips. He proceeded to do eight rapid stabs in the area around my lips. Nothing was injected, nothing as viscous as filler could have been injected through a small gauge needle that fast. Its just not how dermal fillers are injected. After he walked out, I sat up and saw the syringe he used, still full, laying on the counter. I was one of a group of four that went together. Im a male to female transgender in transition, the other three are genetic females. After talking with them, he completed their procedures correctly, following the industry standard technique. This was not a mistake. It was willful. He intended not to inject any filler, yet he proceeded to cause harm, though minor and temporary. How can there be no penalty, no fine or no criminal misconduct charge? Its just ok for people to do this?

2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: MORE INFO NEEDED.

HOW WAS IT BEING BILLED?

EITHER WAY ARGUABLY FRAUD OR INSURANCE FRAUD, AND HE CAN BE PROSECUTED CRIMINALLY.

THE PROBLEM IS THAT A LAWYER WOULD PROBABLY NOT HANDLE THIS ON A CONTINGENCY AND THUS YOU WOULD HAVE TO COME UP WITH A RETAINER.

THE MEDICAL BOARD MIGHT ALSO GO AFTER HIM ONCE REPORTED.

Theodore Allan Greene agrees with this answer

William John Light
William John Light
Answered
  • Medical Malpractice Lawyer
  • Riverside, CA
  • Licensed in California

A: You can file a complaint with the Medical Board. mbc.ca.gov/Consumers/Complaints/

You can sue in Small Claims for breach of contract, fraud, battery. You can get a judgment of up to $10k.

You will likely need oral or written testimony from a board certified plastic surgeon to the effect that no filler was injected into your lips.

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