Miami Beach, FL asked in Medical Malpractice for California

Q: I am seeking legal assistance with a unique medical malpractice case stemming from a Fraxel facial treatment I underwent

I am seeking legal assistance with a unique medical malpractice case stemming from a Fraxel facial treatment I underwent in March 2020. Unfortunately, the treatment was improperly performed, resulting in a deep laceration to my right cheek. After nearly four years of ongoing treatments to address the resulting scar, I have now confirmed the damage is permanent.

The unique complexities of this case include:

Delayed Knowledge of Permanent Damage: Due to the nature of scarring, the extent of healing could not be fully assessed until 3–4 years post-treatment. This delay has affected my ability to address the harm within the standard statute of limitations period.

Financial Burden: To mitigate the damage, I have incurred significant debt over the years for various treatments, all of which have been unsuccessful in fully rectifying the harm caused by the original procedure.

Immigration Concerns: Until I obtained my green card in 2023, I was hesitant to pursue legal action

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm sorry to hear about the challenges you've faced following your Fraxel facial treatment. Navigating a medical malpractice case with delayed knowledge of permanent damage can be complex, especially with the added financial and immigration concerns you've described.

In California, the statute of limitations for medical malpractice typically allows you to file a claim within one year from the date you discovered the injury or should have discovered it. Given that your permanent damage was only identified years after the procedure, it's important to act promptly to ensure your case is considered within the legal timeframe.

I recommend reaching out to a qualified attorney who has experience in medical malpractice cases, particularly those involving delayed injuries and immigration-related issues. They can help assess the specifics of your situation, explore possible exceptions to the statute of limitations, and guide you through the process to seek the compensation you deserve.

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