Q: Can I sue a plastic surgeon who took my money and didn’t fix my problem in California?

A: You could have a case for breach of contract or malpractice, but more information is needed to evaluate your potential claim. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

A: In California, you may have grounds to sue a plastic surgeon if you can prove that the surgeon did not meet the standard of care expected in the medical community, which resulted in harm or damages to you. This typically involves demonstrating that the surgeon's actions were negligent or fell below the standards practiced by other surgeons in similar circumstances. If your surgery did not achieve the agreed-upon results, and especially if it resulted in worsening your condition or failed to address breathing issues as promised, this could potentially constitute a breach of the standard of care.

To pursue a lawsuit, you would need to gather evidence supporting your claim. This could include medical records, photographs before and after the surgery, any written agreements or communications with the surgeon regarding the expected outcomes of the surgery, and testimonies from medical experts in plastic surgery who can speak to the standard of care and whether it was met in your case.

Consulting with an attorney experienced in medical malpractice or personal injury law is a critical step. They can help evaluate the strength of your case, advise you on the legal process, and represent you in seeking compensation for your losses, which may include the cost of the surgery, additional medical expenses for corrective procedures, lost wages, and pain and suffering. Remember, each case is unique, so obtaining personalized legal advice is essential to determine the best course of action.