Legal Question in Medical Malpractice in California

Sue a Plastic Surgeon

I've had a broken nose for awhile and I had my operation in 2006 and my doctor told me to wait a year to see the full results. I waited and as the year went by I realized that my nose is still crooked. I called the office and they told me to email him which I did and sent him pictures. He told me come in, when I went in he showed me pictures of what my nose use to look like making me feel insecure about myself and said I don't need another nose job and gave me injections in my nose to make it straight. Now my nose looks even more distorted and I went to see another plastic surgeon and he said that I still have a Deviated Septum. I've emailed and called my doctor several times after this and he has not responded. I'm frustrated and I paid 12K for this and I want it fixed but not by him. Can I sue him for 12K plus the additional cost for an operation to fix this? He's a well known plastic surgeon with a famous client list I don't know if that makes a difference. Do I have a case?


Asked on 6/26/08, 9:45 pm

3 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Sue a Plastic Surgeon

You have a possible case.

Find a medical malpractice attorney, and get a complete evaluation.

Good luck!

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Answered on 7/01/08, 9:11 am
Arkady Itkin Law Office of Arkady Itkin

Re: Sue a Plastic Surgeon

Hello. You might be able to recover partial or full expenses incurred in the process of getting the original surgery done. I am a civil litigation attorney in your area. If you would like to discuss this further, feel free to contact me.

Thanks,

Arkady Itkin

http://www.arkadylaw.com

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Answered on 6/30/08, 3:49 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Sue a Plastic Surgeon

You may or may not have a case, but the problem is it will cost $2-3000 to find out since it requires a review by another plastic surgeon. Also, given the cost of a successful med mal case, you need big injuries and big damages to make it worthwhile. It sounds like your situation will not give you a case worth pursuing even if there is professional negligence.

That being said, the statute of limitations is 1 year from the date you discovered or should have discovered the injury and its negligent cause, so be warned that passage of time may well cut off your rights to sue.

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Answered on 7/05/08, 3:53 pm


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