QUESTION

Can I pursue a lawsuit if the procedure caused horrific damage, long term pain, and physical limitations?

Asked on Aug 28th, 2012 on Medical Malpractice - California
More details to this question:
I had two cosmetic procedures at the same time with the same physician. One area with little result and pain. The second area I still have pain & problems physically, not too mention self esteem issues related to traumatic scarring. Although the physician offered to do a revision on this area as well, I'm very scared for it to be the same or worse, seeing how the other revision turned out. I also sought three other surgical opinions and all three surgeons were mortified to see what had been done and warned me not to have any other procedures and I would need significant surgeries to repair his damage.
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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.  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 expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. 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 Web: www.starrgern.com. 
Answered on Aug 29th, 2012 at 10:17 AM

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