QUESTION

I’m not sure if I should speak with a personal injury, malpractice or product liability attorney

Asked on Jul 07th, 2020 on Personal Injury - California
More details to this question:
Three years ago I had a filler ( Bellafill) injected in my face. May of this year, I woke up with 10 lumps in my face! My face is distorted. Swelling and pain. Hurts to brush or floss and to smile. I’ve seen three doctors so far, referred to another and I’m expecting to again be referred to plastic surgery. I was given steroids which only helped the swelling for about five days. I am also diabetic, and the steroids brought up my blood sugar to where I was advised by my Doctor to double my dose of Metforman. In the mean time, I’m taking eight allergy pills a day just to keep the swelling down. I would never have gotten this filler if I knew that three years later, there would be even a chance that this would happen. my medspa Dr., who gave me the injections said he had never heard or seen this happen. I’m so devastated. Is there anyone who can help me? I think I’d prefer a woman attorney?
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1 ANSWER

Personal Injury Attorney serving Orange, CA
2 Awards
Hello Anonymous, You may have both a medical malpractice case and a product liability case, or you may have just one.  Medical malpractice cases arise when a health-care provider's services fall below the standard of care of practitioners within their same area of specialty or type of practice.  Perhaps, in your case the health-care provider did something or failed to do something while administering the "product" or filler.  There are different legal theories that can be alleged in a products liability case: 1. Intent; 2. Negligence; 3. Strict Liability; Breach of Express Warranty; 4. Breach of Implied Warranty.  Also, there are different types of dangerous products that could give rise to a products liability case: They are:       a.  Manufacturing defect: exists if a product is manufactured differently from all others that came off the assembly line and is more          dangerous than other products;      b.  Design Defect: exists if all products in a line are the same but have dangerous propensities;      c.  Inadequate warnings: exist if manufacturer fails to adequately warn others of nonapparent dangers in using product.   You could consult a medical malpractice lawyer who also handles product liability cases, but in my experience there are fewer lawyers who specialize in medical malpractice cases who also handle product liability cases than there are personal injury lawyers who would be willing to handle a product liability case that also involves medical malpractice issues.  Therefore, I suggest you consult a personal injury lawyer first, but be aware medical malpractice is technically a personal injury claim and there may be practitioners who handle both malpractice claims and product liability cases.  Best Wishes, Michael J. Menicucci Menicucci Law Group, APC 1578 North Batavia Street Orange, CA   92867 714-742-6848 mjm@mlginjuryattorney.com www.mlginjuryattorney.com      
Answered on Jul 13th, 2020 at 10:56 AM

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