Legal Question in Medical Malpractice in California
Cosmetic sugery Re-do
I had breast augmentation surgery and the doctor has to re-do the surgery because he did not do it correctly. He said he is not charging me his fees to re-do the surgery to fix the ''pockets'', but he said he is charging for use of the hospital room and the anesthesia (~$2000). I feel that he did not perform the surgery correctly, therefore I should not have to pay for the surgery to fix his mistake. Am I correct?
2 Answers from Attorneys
Re: Cosmetic sugery Re-do
Mr. Roth is correct.
You have no case for the "re-do".
Re: Cosmetic sugery Re-do
Probably not. There is no warranty with surgery typically. Not doing it right and doing it negligently are not the same thing. In the absence of proof that he was negligent, which will require the testimony of a surgeon who does breast reduction, he has no liability either for the cost of the hospital room or for your pain and suffering.
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