QUESTION

Can I sue if my face lift had terrible results?

Asked on Jun 24th, 2011 on Personal Injury - South Carolina
More details to this question:
I had a midface lift with terrible results around the eye area. Dr. decided to perform a second blepharoplasty this time using ALLODERM in my lower eyelids. This has made it worse ...created huge bags which were not there before and my eyes are now twitching uncontrollably.
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13 ANSWERS

General Civil Trial Practice Attorney serving Beaverton, OR at Vincent J. Bernabei, LLC
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Yes. You have a valid medical malpractice claim.
Answered on Jul 11th, 2013 at 1:20 AM

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Personal Injury Attorney serving Houston, TX at Riley Law Firm
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Conceivably, yes. However, plastic surgery lawsuits are among the hardest to prove for a variety of reasons. Moreover, the expenses of pursuing a claim of this nature, hiring experts, taking depositions, etc., tend to be very high, and those expenses are not recoverable in Texas. Finally, health insurers that paid the expenses for the second procedure will likely claim a lien as to any recovery. The bottom line is that unless there are relatively permanent and catastrophic injuries involved, the cost of pursuing a lawsuit for a matter of this nature unfortunately would probably outweigh any potential benefit that might be received.
Answered on Jun 28th, 2011 at 9:31 AM

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Wrongful Death Attorney serving Salem, OR at Swanson Lathen Prestwich, PC
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Perhaps. Medical cases can be very complicated. The strength of the case depends on the jurisdiction, outcome, possible complications, etc. You should speak to an attorney to relay specific details.
Answered on Jun 27th, 2011 at 6:46 PM

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Personal Injury Attorney serving Marietta, GA at Law Office of Ronald Arthur Lowry
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This sounds like a possible medical malpractice case. The issue is not just the results but whether or not the doctor used the requisite standard of care in doing the surgery. There is a very famous case about a facelift in Georgia that went bad. You can call me and I will tell you about it.
Answered on Jun 27th, 2011 at 6:21 PM

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Brain Injury Attorney serving Baton Rouge, LA at The Lucky Law Firm, PLC
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Thanks for your inquiry. I am only licensed to provide legal advice in the states of Louisiana and Mississippi. As I am not sure in what state you are located or the place where the alleged/potential malpractice occurred, I am not fully able to provide you with much advice at this time. Please contact my office to discuss further. I am happy to discuss all of the issues with you in more depth. Thanks again!
Answered on Jun 27th, 2011 at 6:19 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Yes. You need to start by getting your complete chart and having it reviewed by another plastic man. Your opinion is not enough.
Answered on Jun 27th, 2011 at 5:45 PM

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Medical malpractice claims are among the most challenging in injury law. A bad result does not mean that malpractice is the cause. In your situation, more information is needed. It is quite possible that you are the victim of medical malpractice. I would need to go over the facts in detail to see if it is a case that should be submitted for review to a plastic surgeon to see if the standard of care was violated. Your damages would also need to be evaluated as the costs of such actions are significant.
Answered on Jun 27th, 2011 at 5:31 PM

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Theodore W. Robinson
You probably signed a waiver of some sort and don't know it.Nonetheless, if you've become disfigured by plastic surgery, you'll have to find a medical malpractice attorney who is willing to sue for you. If you can find one who will take your case on, then you can be fairly sure you have a case, since they don't get paid unless they recover, so they won't take itunless they believe they can recover.
Answered on Jun 27th, 2011 at 4:41 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Yes, you can always bring a claim against a health care provider, but only if they were negligent, or deviated from the standard of care. In Florida, you are required to get an affidavit from a similar health care provider stating that reasonable grounds exist to believe there was a deviation from the standard of care. The statute of limitations in Florida is two years from the date you had reason to believe the doctor's care was substandard, so I would contact an attorney immediately for that attorney to investigate into the claim for you. There are too many hoops you have to jump through in Florida to bring a successful claim against a physician for you to try to handle it yourself.
Answered on Jun 27th, 2011 at 4:40 PM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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Yes. If the doctor committed medical malpractice then you can sue. But, first off, just how badly were you injured and how has that impacted your life? You see, even if malpractice was committed, there must be a very substantial injury to warrant the cost, effort and commitment needed to prosecute a medical malpractice to a worthwhile conclusion. Please note the following necessary legal disclaimer: I have not given legal advice. I only give legal advice to my clients. I am not acting as your attorney. I have not agreed to represent you. Attorneys often disagree. If you want further information or independent verification of anything I have said then you should immediately consult another attorney. All claims have time limits. In general, under New York law they are: three (3) years for personal injury and property damage actions, two and one half (2 ) years for medical malpractice claims, two (2) years for wrongful death, one (1) year for an intentional wrongdoing, six (6) years for contract claims, but four (4) years for sales of goods under the Uniform Commercial Code, and four (4) months to challenge an action or decision of a government body, department or agency. However, in a claim for personal injury or property damages, if any person or entity at fault is affiliated with a municipal or other government department, agency or facility, then you may be required to file a notice of claim within ninety (90) days and then commence a lawsuit within one (1) year and ninety (90) days, but sometimes within one (1) year. These time limits have exceptions. Never sit on your rights! I am admitted to practice in New York State. I am not licensed to practice in any other State.
Answered on Jun 27th, 2011 at 4:21 PM

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Real Estate Litigation Attorney serving Newport Beach, CA at Fink & Abraham LLP
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Terrible results, by themselves, do not justify a medical malpractice suit. You need an opinion from a plastic surgeon in the community that your surgeon's conduct fell below the community standard of care for plastic surgeons.
Answered on Jun 27th, 2011 at 4:03 PM

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Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
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You probably signed an informed consent form which says you understand the risks of this surgery and you cannot sue if it did not turn out like you had hoped. If this complication is one that can and does happen on occasion for this type of surgery, you have a major uphill battle on your hand. If an expert would say that you would never use Alloderm with your physical condition and symptoms and that the risk of this complication was so great that it was below the standard of care to even do this type of surgery, then you might have a claim.
Answered on Jun 27th, 2011 at 4:02 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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You would need a statement form a physician that the doctor was negligent in the way he performed the procedures. A bad result, in of itself, does not mean you have a case. The bad result has to be caused by the doctor's negligence. Sometimes there is a bad result from a medical procedure even though the doctor exercised all due care and did nothing negligent. If you contact a medical malpractice attorney, the attorney can put you intouch with doctors who review medical records and render opinions as to whether negligence cause the result. There is a fee for this, usually between $500.00 and $2,500.00 depending on the complexity of the case.
Answered on Jun 27th, 2011 at 3:56 PM

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