QUESTION
who should pay for nerve damage from cosmetic procedure
Asked on Feb 04th, 2013 on Medical Malpractice - New Jersey
More details to this question:
I had a chin implant placed almost 4 years ago, but removed only 3 months later because of pain. From day one, I complained of excessive pain but was told this was normal. The pain continued and I asked if it might be nerve damage. At each visit, I mentioned the pain. At approx 3 months I became aware that I could feel and see the ends of the implant in my gumline. The doctor decided that the chin implant should be removed, and offered to replace it at another date if I wanted it replaced. Unfortunately while the pain became less severe initially, it has persisted over time. sometimes almost unbearable. they did tell me that nerve damage could take 2-3 years to resolve but now we are at almost 4. I only really want to find a way to address the pain(not get rich), but not sure if insurance will cover treatment since it was from cosmetic procedure. but I don't feel like I should have to pay for it. Will insurance cover it? Should the Plastic surgeon pay?
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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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.
You also have a statute of limitations problem, becasue medical malpractice cases have to be filed within two years of the date a patient knew, or should have known that he was the victim of malpractice. you may be able to get around this if you can prove that you were mislead about the nature of your condition, but you this is a fact sensitive inquiry.
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.
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.
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Answered on Feb 13th, 2013 at 4:33 PM