Legal Question in Medical Malpractice in California

california medical malpractice , malicious intent by my doctor who harmed me

i am having a hard time finding a lawyer that is interested in helping me with my problem. I would not be as insisting as i am to seek legal justice had it not been for the fact that my doctor intentionally harmed me during the post op visit with him , i had been really late and the doctor was understandably upset but he had no right to harm my face. He used his finger to push down extremely hard and forcibly onto my lower eyelids, he had injected/grafted fat to my lower eyelids and he was not supposed to apply pressure to my face because this is the number one known thing that fat transfer patients and doctors should avoid doing , i know it sounds crazy but i have the pictures to prove it and my doctor was wrong and he committed a crime by causing great injury to me and was malicious and i think my being late is what triggered him to hurt me. I had canceled a liposuction to my neck that had been quoted with my fat injection procedures making the f/transfer injection procedure significantly cheaper but i had lost weight and didn't need my neck lipo'd anymore, and nothing was said about how the doctor was not happy with giving me such a good deal without the other procedure, since it would have cost me 10,000 for both combined instead of the 10,000 he usually charges for a fat grafting procedure alone.

I can prove he knew what he was doing and he meant to hurt me i have evidence, and i just need legal help, i dont remember signing an arbitration agreement but i might have , will it cost too much for me to sue him , my face needs a bunch of surgery to fix the damage caused by the trauma that he permanently damaged my own fat and he ruined my life and my face. i have a couple of months left before the anniversary of my surgery what are my chances and who can help me


Asked on 1/15/10, 12:04 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If you are claiming malpractice, your claim MUST be supported by the opinion of a doctor who is an 'expert' in that field of medicine, who is prepared to testify in court that there was medical malpractice, meaning your treatment fell below the acceptable standard of care. Neither your opinion about malpractice, nor mine, is relevant or 'proof' of malpractice. You can not file suit with that expert opinion available. Consult with your other treating doctor[s] to see if they are willing to provide that opinion and testimony, or contact independent experts for that purpose. I can provide referrals if necessary. Then, IF you obtain such an expert's testimony, and if you determine that you have a case with merit [provable malpractice and a likelihood of winning], value [substantial provable damages] and collectability [defendant with substantial assets or insurance], then feel free to contact me to discuss the merits and value of your claims. Keep in mind that you have only one year maximum from 'notice' or learning of the malpractice to bring suit. That can be extended for up to 90 days by timely sending them a 'notice of intent to sue' before the year runs out.

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Answered on 1/20/10, 10:57 am


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