Do I have a case to at least get a refund plus extra expenses incurred against my plastic surgeon?

Usually, I advise that unless damages are catastrophic, it is not worth the time and expense involved in bringing a malpractice claim. On the other hand, in your situation, it might be worth the doctor's while to settle up. Usually they carry a $10,000 deductable, and if that's what he'd have to pay out anyway, why not just right a check to avoid a claim and have you sign a non-disclosure agreement?

Possibly. It may depend on whether you signed forms agreeing that the result can be different than what you expected and that results cannot be guaranteed. If there is no such disclaimer, your easiest case may be for breach of contract. The other route is medical malpractice, and you would need a doctor willing to testify the doctor committed malpractice.

You would have to establish that the bad outcome was due to negligence by the doctor. Negligence in a medical claim is defined as a failure to use reasonable care and must be established by expert testimony. If you have another doctor that is willing to sign an affidavit of merit and to testify on your behalf you can pursue a claim against the doctor. If you do not want to file a lawsuit and you have a doctor that is willing to write a letter outlining why he feels that your bad outcome was due to negligence you might be able to approach the doctor to have him pay for your expenses and if he refuses then you would need to hire an attorney. You can also file a complaint with the Ohio Medical Board if the doctor has a reputation for performing substandard or negligent work, they will investigate and take action to prevent him from harming others. You should consult with an attorney that is experienced in this area of law as cases of this nature can be very expensive to pursue.

Sounds like this was not in California, or was it? The location of the surgery would be governed by that states laws. If it was in California, the surgeon can be held liable for medical malpractice if another physician (an expert) opines that your surgeons performance fell below the applicable ?standard of care.? But the additional hurdle to overcome is that plastic surgery is an art and you were probably forewarned that the cosmetic appearance could look poorly. As such, you probably gave your written ?informed consent? to have the surgery notwithstanding such knowledge of the risk of a poor result. In any event, in CA you have 1 year to file suit from the surgery date. Before that, (again in CA) you have to send a notice of intent to sue via certified mail to the surgeon (known as a 364 notice). The notice period is 90 days to allow for investigation and possibly settling the case without filing a lawsuit. This can be sent up to the 364th day after the surgery. You also need to see if you signed an arbitration agreement requiring you to arbitrate instead of suing in court. If you did, you still need to send the 364 notice. In a case like this, the surgeon may be willing to pay for your two extra air fares and the cost to remove the implants. It's worth a shot. There is a national reporting threshold of $30,000 which means that any settlement or verdict of $30,000 or more gets reported on the national database. Physicians hate that. Thus, many of these suits settle for $29,999.99. You should find a medical malpractice attorney in the area where the surgery occurred and ascertain your rights and options. The consultation should be free. You may have to pay for another plastic surgeon to review the records and photos to ascertain whether your surgeon fell below the standard of care. They are expensive, naturally. So be prepared for that.

It's called MEDICAL MALPRACTICE. Sue the first plastic surgeon.

You should at least consult with a plaintiff's medical malpractice lawyer for specific legal assistance regarding your medical problems.

It sounds as though you have a case of medical malpractice here.? You should keep track of everything it costs you to correct the bad job, including keeping a diary of events and any pain or other problems, so that you can prove your damages. You should consult with at least one attorney who specializes in medical malpractice, and if possible plastic surgery malpractice, as soon as possible.

Did you ask doctor one to help with expenses? That would be your best option. Medical malpractice case are expensive to pursue when damages are small.

The question is did what the doctor did fall below the standard of care? Would your new doctor testify in court that the first doctor, as you stated, screwed up? In medical malpractice cases, you have to have medical testimony to prove what the doctor did fell below the standard of practice and caused your injury. This is very difficult to do and is where most medical malpractice cases are lost. The insurance carrier for the doctor will tell him not to pay you anything and they will deny anything wrong happened.

If another doctor is indicating that the care you received was below the acceptable standard of care, you may have a claim. You should consult with an attorney who specializes in medical malpractice cases.

No refund required although the doctor definitely deserves a thumbs down on Angie's List. Don't mess with mother nature anymore. Medicare would have to be reimbursed out of any money refund you could leverage out of the doctor. That would help Medicare so go for it.

Sounds like you have a case to me on the facts presented. If so, the extra expenses would be part of your damages. See an attorney.

If your local plastic surgeon is willing to sign an affidavit that in his opinion the other plastic surgeon deviated from the standard of care, then you would be able to bring a claim against the first surgeon who did the implant wrong in the first place.....but......hire a lawyer as bringing a claim for medical malpractice is fraught with complications and it would be a mine field trying to navigate that by yourself.

Unfortunately, the cost of prosecuting a medical malpractice case is so high that you probably would not be able to get a lawyer to help you with this claim. Take a look at the paperwork between you and the "bad guy," and see if he guaranteed a result. If it was done in writing, then you could sue for the breach of contract. If not, you would have to pursue it as a malpractice claim.