Legal Question in Medical Malpractice in California

Re: Cheek implants gone very, very wrong!!!

You won't have a 'legal leg to stand on' for medical malpractice unless you have a medical specialist willing to testify that the procedure was in some way negligently done, and that negligence caused the problems. Go consult with specialists to see what they say.

Next, you probably signed an agreement that included an 'assumption of the risk' and waiver of claims and agreement to arbitrate. Most doctors require it. Therefore, IF you get testimony supporting negligence claims, and IF the agreement doesn't bar claims, you could proceed.

Any claims against the material as defective would have to be supported by scientific evidence and testimony to that effect. If it has been FDA approved, you will have a hard time doing so against that approval. If it has not been, then you have an argument.

With all that, if you still think you have valid and supportable claims, feel free to contact me. In any event, it might be possible to reach a settlement that would pay your bills without going to trial, depending upon your evidence.

Re: Cheek implants gone very, very wrong!!!

I think you have a very good case and I'll be happy to represent you. BTW, a patient can never be asked to 'assume the risk' for negligence. Even if you had signed something like that, it will be void as it clearly is against public policy.

Lastly, this is a physician negligence due to the fact that he failed to check for allergic reaction. Any regular plastic surgen will be able to give an opinion that the standard of care requires checking for allergies prior to administering a substance, especially here.