Q: Paid for CBL and it wasn't performed. Can I get my money back since he didn't do the surgery I paid for?
I have before and after pics of my procedure. I was to have a completion of a CBL and bring my scars completely around down my buttocks. Was told it would lift my buttocks and pull down flank area fat. He was to lipo area and then cut and pull up/down to remove back fat. All he performed was recutting scars from front of hips to same area as before backside of hips (he performed my tummy tuck 6 months earlier) , and he called it a "scar revision" My back side was to be lifted to get rid of "back fat" and it looks exactly the same. I have the emails and paperwork along with the order he faxed to hospital the day before stating I was to have a CBL with Lipo - I got neither. I've stated several times in our visits I was NOT happy. He dismissed my concerns and then suggested another surgery and pay another $10-15,000.
A: A Georgia attorney could advise best, but your question remains open for two weeks. It isn't clear if what you describe rises to the level of medical malpractice. Med mal lawsuits generally involve a departure from a duty to provide a prescribed standard of medical care. What you describe sounds like it could be more like a matter of not receiving what you thought you bargained for... closer to a legal theory of breach of contract. But that's only a quick observation from the brief facts at hand. Other attorneys could see things differently. One option is to reach out to attorneys to discuss in greater detail for a more meaningful evaluation of the situation and your rights. Good luck
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