QUESTION

Can I file a lawsuit against my surgeon for disfigurement, medical injury and manipulating medical information?

Asked on Dec 18th, 2013 on Personal Injury - Rhode Island
More details to this question:
My plastic surgeon has removed large portions of my orbicularis oculi muscles against my consent, and caused facial deformity and sinus problems. This is against what we discussed in consultations. It was verbally said do not remove any muscles, when he spoke of removing layers of muscle in the forehead to perform a brow lift. Our agreement was to only remove some skin and lift brow up and in. Post op he said the surgery did not go well, yet did not inform me as to why. I repeatedly asked for the complete surgical information. I even signed a release form under a new doctor. The new doctor said the records were incomplete and told me to personally request them. The original surgeon said in front of witness that he did not remove any muscles. He said he did not clip any muscles. He even sent me for an MRI to prove he hadnโ€™t done this, but the techs told me it was pointless without dye shots. The order was placed and the original surgeon denied the order. I had to travel out of state to see a doctor to find out what was done to me in medical terms. Can I sue for the damage to my face? Can I sue for gross negligence under federal law for not providing medical information upon signed release and even my direct requests? He didn't just withhold the information. He knowingly lied and caused distress.
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9 ANSWERS

Criminal Defense Attorney serving Alexandria, VA at Michael J. Sgarlat
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It seems like you may have a valid malpractice claim against the doctor and perhaps the facility. If you'd like to discuss the matter please call for a free consultation.
Answered on Dec 20th, 2013 at 11:33 PM

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Edwin K. Niles
Med mal cases are very difficult; please discuss with a lawyer who specializes.
Answered on Dec 20th, 2013 at 11:33 PM

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James Eugene Hasser
It takes a medical expert to answer that. Medical malpractice lawyers have them available. Consider consulting one.
Answered on Dec 20th, 2013 at 11:32 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Your issues are very serious and cannot be resolved by posting questions on a website. A lot of work will be required to bring all of the necessary evidence to bear. This may be worth pursuing, but it won't be easy. See an experienced medical malpractice lawyer in your area right away.
Answered on Dec 20th, 2013 at 9:09 PM

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Ronald A. Steinberg
You need to be examined by a competent surgeon who could determine if the surgery performed was appropriate, and if it was done properly. Then you need to determine if it can be repaired, and at what cost. If the second opinion will support your claim, then you can sue. You need a medical expert to testify, and without it, you will lose.
Answered on Dec 20th, 2013 at 9:08 PM

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On the facts you are describing, there can be little doubt that you have several bases for a law suit. I would not, however, recommend filing anything on your own this is a highly technical area of legal practice, and mistakes you are bound to make might be difficult to correct later. Find a competent medical malpractice attorney. If you ask around, chances are that one of your relatives, friends, or colleagues would know such a specialist.
Answered on Dec 20th, 2013 at 8:25 PM

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You need to consult directly with several medical malpractice attorneys to find out if they will accept your seeming good case.
Answered on Dec 19th, 2013 at 10:32 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You have complicated medical questions not legal. Find you a doctor you trust and pay him to review your entire chart and tell you what he thinks.
Answered on Dec 19th, 2013 at 9:52 AM

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Car Accidents Attorney serving Warwick, RI
I would be interested in knowing what that second doctor had to say about the first procedure. The second doctor is usually the best witness. If that second doctor believes that the first procedure deviated from the standard of care then you have a potentially good case for malpractice. Medical malpractice cases are extremely difficult and require expert testimony and file review. These cases cannot be handled by a non-lawyer.
Answered on Dec 19th, 2013 at 9:38 AM

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