Legal Question in Civil Rights Law in California

Lasik Surgery. I had custom Lasik. Spent 5 thousand dollars and in 2 years it faded away now I am wearing glasses and my eyes are exactly the same before I got the surgery. Can I sue the doctor for a refund in small claims court or sue in the big court?


Asked on 11/11/09, 8:24 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You can sue anywhere you like, but I suspect you were required to sign the typical disclaimer and advisement of rights and risks that told you there was no guarantee of success or long term results. Plus, regardless of how you describe it, you are actually trying to claim 'malpractice'. That requires you have a medical doctor prepared to credibly testify as an 'expert' that there was malpractice that damaged you. Plus, you have a one year statute of limitations running from the time you were aware of the 'malpractice' problem.

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Answered on 11/16/09, 8:34 pm


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