Legal Question in Medical Malpractice in California

Arbitration Agreement and Lawyers

I am at a point that I realize I must speak with my plastic surgeon regarding a malpractice claim (I have not yet). Based on research I have done online I know that my cosmetic surgery is messed up do to his nelgigence. I know I have a valid claim against him and I also have an appointment with a very reputable board certified plastic surgeon who will put in writing whether my doctor was negligent. I want him to pay for my new surgery or at the LEAST give me all my money back. He makes a LOT of money so I think it is perfectly fair to make him pay for my whole revision surgery, especially since he put me through a lot of emotional distress because he refused to admit any problems even though it was obvious something was wrong. Throughout the ordeal he was more interested in covering up than trying to fix the mistakes, which has caused me to deal with this for over a year. Recently after his 3rd attempt at surgery I realize that he is just real incompetent so I am going to get revision surgery with another Dr. I guess my main question is whether I can get an attorney to assist me even though there is an arbitration agreement, because I dont want to handle the case on my own. Thanks.


Asked on 11/07/06, 10:26 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Arbitration Agreement and Lawyers

"over a year"??? You've got a problem alright, it is called statute of limitations. You have one year to initiate your claim, depending upon when you determined there was a problem, and when he last treated you. Feel free to contact me if interested in discussing this issue.

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Answered on 11/09/06, 9:21 pm


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