Legal Question in Legal Ethics in California

rhinoplasty

The doctor told me he would break the nose and align it straight. However, it appears he only ''shaved'' one side in an attempt to even it out. I signed a release if things didn't turn out exactly the way I'd hoped, but that was under the verbal agreement that he was going to break the nose. I had an X-Ray taken, and the nose was NOT broken as he said he would do. Is the release I signed therefore moot, seeing how I signed it under a false promise?

thank you


Asked on 6/09/08, 11:24 am

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: rhinoplasty

Probably.

It is difficult to overcome a release, and extremely difficult to overcome an agreement in writing by using oral testimony. Fraud can be used, however, to overcome the release.

Unless you are severely affected by this, I would forget it. It will cost you more to fight this, than it is worth.

You are more than welcome. I answered 25 of these yesterday without a "thank you".

If you need more, please e-mail me.

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Answered on 6/13/08, 11:42 am


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