Brooklyn, NY asked in Personal Injury and Medical Malpractice for New York

Q: I got lip fillers a week ago and above my top lip is sticking out like a duck the place is refuses to fix it for me

I got juvederm lip fillers last week and the top lip where I believe is called the vermillion border almost on top of the pink color of the lip is all raised out and I look like I have a duck top lip almost. There are lumps also under the lip as well and the bottom lip also has a purplish color on the bottom and the line of the bottom lip looks very strange the pink color isn’t even anymore around the rim of the lip it looks snugged down in some places and looks elevated and like it’s chapped and also has dark spots and a purple blue color around the bottom of it also since got them done there. The place is not willing to fix it and I look terrible. I haven’t been able to go to work for days or even eat or sleep all I do is cry it is also very uncomfortable and hurts. I’ve gotten lip fillers before and I never experienced even swelling more than a day. I dnt know what to do because I dont have money to go somewhere else to have it fixed is there anything I can do?

4 Lawyer Answers

A: Plastic surgeons will often provide a consultation to evaluate what went wrong and what, if anything can be done to fix the problem. See a doctor to learn if the the lip filing procedure did something wrong; a bad result is not enough for a malpractice case.

Jonathan R. Ratchik agrees with this answer

A: Sorry to hear what happened to you. Unfortunately, as my colleague correctly advised, a bad outcome, without more, will not support a medical malpractice case, especially one arising out of a cosmetic procedure. Rather, you need to demonstrate a departure from the standard of care and an injury caused by the departure. In any cosmetic surgery case, a less-than-ideal outcome is almost always a recognized and accepted risk of the procedure. Instead of pursuing legal action, you might be better off consulting with a different plastic surgeon to find out whether the complications from the first procedure can be corrected.

A: From the phrasing of your question, I wonder if you had the filler injected by an aesthetician, cosmetologist, or perhaps even an unlicensed individual, rather than by a plastic surgeon. And I wonder if it was actually Juvederm filler.

There are unfortunately many individuals, who are not actual plastic surgeons, who advertise the ability to give filler, which is not genuine Juvederm filler, to members of the public for a discounted fee.

If you have any question about whether the provider was an actual plastic surgeon or whether the filler you received was a genuine Juvederm product, I recommend you investigate first the actual credentials of the provider, and if not an actual plastic surgeon, see if you can find an actual plastic surgeon who can test to see if the filler you received was a genuine Juvederm product.

My colleagues are correct that a bad outcome does not a legal malpractice case make. But, with respect to this particular procedure, there are quite a few non-medical providers, several of whom do not provide genuine Juvederm products as advertised--especially if they were advertising a low, low price.

You may have a deceptive trade practice lawsuit instead of a medical malpractice lawsuit.

Alexander Karasik
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Answered

A: Thank you for your question. It appears that you may have a potential claim against the manufacturer of the lip filler and if so, this would be a "product liability" lawsuit. Unfortunately, our firm does not handle such matters. Also, I believe that this condition may improve over time. Best of luck to you.

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