Legal Question in Medical Malpractice in California

I recently went to a surgeon for a rhinoplasty. My nose was broken in an accident.

The Doctor was going to straighten my nose and do some cosmetic work reshaping the nose tip. I paid the Doctor $7,500 cash in advance for the operation.

The operation was completed and the doctor did some cosmetic work on the nose, but completely failed to straighten out the nose. It's just about exactly as bent out of shape as it was before the operation.

The Doctor isn't going to do anything to remedy the problem he failed to correct without being re paid to do the operation over.

Can I sue the Doctor for breash of an oral agreement to straighten my nose and get my money back, without having to meet the burden of proof of medical malpracice?

It would be extremely easy to prove that the doctor failed to straigten my nose. Before picture will show it looks just about exactly the same as after the operation.


Asked on 12/13/12, 9:02 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Yes, but any such complaint and lawsuit is in the form of a malpractice case. You should have an attorney try to settle with the doctor before undertaking a lawsuit. The doctor didn't take you seriously but he should when an attorney threatens suit. Feel free to contact me if serious about doing so. .

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Answered on 12/14/12, 1:25 pm


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