Q: Can I sue a plastic surgeon who took my money and didn’t fix my problem in California?
I had a surgery done for my nose, I wanted Smaller, Straight nose and able to breath which after the surgery nothing changed and it looked even worst! The doctor is now saying if they do a revision for $2500 but he’s not sure if he can make my nose smaller or straight or fix the breath problem then I ask him why did you make me go through all that pain at first place ? I lost my job the following month after because I wasn’t able to do meetings that because of the surgery! Someone plz help if I can sue him and get my refund and what do I need to do!
Note. The surgery cost me $7800
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.
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.]
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
