QUESTION

Bad Plastic Surgery

Asked on Aug 30th, 2013 on Medical Malpractice - Massachusetts
More details to this question:
I went to a plastic surgeon for a consult on my face Sept 27th of last year. At that time, she said could "tweek" my face w fillers/injections of juvederm. Anyway she berated me the point that I went ahead and let her do this. It came out a DISASTER! She basically "deflated" the whole left side of my face making me look old! and charged me 4k to do it!!! All the while she was saying how improved i looked!. I went home, not knowing what to think. I was mishapen and in tears!! I called them and they said to come in. I went in TWO more times and each time, she made it worse! Taking out more filler!! I ended up paying my 10k to fix this w my reg doctor, and want my money back only she had me sign a form stating i couldnt sue. Can I still sue?
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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The problem with plastic surgery cases in general is that nearly all doctors require patients to sign extensive informed consent paperwork that explains that the results from the surgery are not guaranteed. Under the circumstances, it is difficult to prevail in these cases. The debate usually centers on whether the results from surgery were within the range of reasonable rather than whether the defendant doctor was negligent. Also, while jurors deny it, they give plastic surgeons the benefit of the doubt in these cases because jurors often conclude the plaintiff brought the problems on himself because of vanity. It is not necessarily a fair conclusion, but it is a big obstacle in these cases. If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.   Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website. 
Answered on Aug 31st, 2013 at 12:04 PM

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