Can I sue if my face lift had terrible results? 20 Answers as of July 11, 2013I 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.
Riley Law Firm | Timothy Dennis Riley
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.
Answer Applies to: Texas
Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
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.
Answer Applies to: Georgia
The Lucky Law Firm, PLC | Robert Morrison Lucky
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!
Answer Applies to: Louisiana
Holzer Edwards | Kurt Holzer
Can you sue? The answer to that question is always yes. Will you be successful if you sue is the real question. Medical negligence claims dealing with cosmetic surgery procedures are generally thought of as difficult. However, the question is whether the physician violated the standard of care in the performance of the procedure. I cannot answer that question.
Answer Applies to: Idaho
Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
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.
Answer Applies to: Virginia
Law Offices of Steven A. Fink | Steven Alan Fink
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.
Answer Applies to: California
Law Office of Jared Altman | Jared Altman
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.
Answer Applies to: New York
Kelaher Law Offices, P.A. | James P Kelaher
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.
Answer Applies to: Florida
Theodore W. Robinson, P.C. | 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.
Answer Applies to: New York
Ewusiak & Roberts, P.A. | Christopher J. Roberts
A medical procedure that goes poorly does not always mean a lawsuit, because doctors generally cannot guarantee results. Even the most routine operation has some percentage of patients who have complications. Having said that, your case sounds more like malpractice than just bad luck. If the doctor's actions fell below the professional standard of care, you may have a valid right to compensation for what you've been through. There may also be a case against the manufacturer of the medication that was involved in the bad operation. You should speak to a lawyer in your area who handles medical negligence cases. Be aware there are short time limits for these sorts of cases so you'll want to contact a lawyer immediately.
Answer Applies to: Florida
Law Office of Mark J. Leonardo | Mark Leonardo
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.
Answer Applies to: California
David F. Stoddard | David F. Stoddard
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.
Answer Applies to: South Carolina