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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 41220
Experience:  I provide basic personal injury advice to my clients in my own practice.
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I sought out a board certified plastic surgeon instead of a cosmetic s

Customer Question

I sought out a board certified plastic surgeon instead of a cosmetic surgeon because of neck and shoulder pain, a stomach issue. I went in to surgery to have a breast reduction/lift 2 in.or more& go from DD to B/C cup & have the remaining breast tissue secured as not to pull causing the pain & a possible tummy tuck because I thought I had a hernia I stated IF I had to have surgery anyway, that I would let them do a full tummy tuck & the doctor said I had no hernia but did have separated muscles that were causing my stomach issues.... I came out of surgery still with huge DD breasts only lifted less than an inch with no breast tissue removed & still the same 8 months later, plus what looks like 2 belly buttons when he claims to have a special technique to leave no viable scars on stomach as a tail to having this done. He said he would make it right with another surgery then changed his mind so I asked for my money back and he said no. I cant find justice! All advice appreciated!
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
If I may ask, how long ago did this take place? Did you have an another surgeon review what he had done and state that he made an error, or is willing to make repairs?
Customer: replied 1 year ago.
8 months and yes I have had 4 other surgeons look and want to repair but they will not put in writing and do not want to get involved as a witneess. I do have a couple on recording though saying he d was negligent but realized they knew him and wrote in notes he was not negligent. I only recorded because my husband wanted to hear what was going on since he could not be there with me. I have all before and after pictures and witnesses. My breasts are the same size. He makes false claims on his site and in person and is very misleading in saying he was on media tv and such
Customer: replied 1 year ago.
I have a friend that works at the office of who lied on notes that I got in a recording. They do not know about the recording though. But she gave me a copy of the notes where he lied. I also do not understand why I have to pay for an expert witness if all the proof is in the pictures and witnesses. This is ridiculous. I should at least be able to get him for deception, but I had a lawyer say unless death or severely deformed even thouh he took my 15k and did not do what he was supposed to I am just out the money.
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your patience. Just to be clear, the $15k is what you paid to an attorney, or did you pay that much for the procedure? Did you record in Texas,or in a different state?
Customer: replied 1 year ago.
I paid that for the procedure. I have not found an attorney who will even look at this. I recorded in texas
Customer: replied 1 year ago.
That was an attorney who was just telling me why he wouldn't look at taking my case... I asked about breach of contract and deception and he said he has seen people try to say those things instead of mal practice but the laws they have now protect the doctors...good or bad.
Customer: replied 1 year ago.
He also said "sorry but I have been attorney for defendant doctors who mess up surgeries and he said I'm telling you...you can't win and it would cost over 100k to even try to go to court and if you lose which you will you could have to pay the doctors attorny's fees and more. Like get sued for defimation, slander, libel and so on"
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi, The reason I asked about recordings is because a few states have a rule that all parties to the recording must consent for it to be deemed a valid recording. Luckily Texas is not one of them; under Texas Penal Code § 16.02 the obligation is to ensure that at least one of the parties to the recording consents, and if that took place, there is no crime. As far as your question about why you need to pay for an expert witness--it is their job to testify and they can demand to be paid for it, even if you may not want to pay. You can try to find a doctor willing to testify for free, but that is highly unlikely. I also tend to agree with the attorney you met--this appears more to be a malpractice case then a breach of contract case because you were injured and harm based on this doctor's behavior. As such I would suggest a malpractice attorney--you may want to consider browsing the listings at www.avvo.com and www.martindale.com for competent counsel. Luckily you can search by fees, location, experience, and expertise, and you should be able to find someone, possibly a county over, who can assist. Malpractice cases are won and lost based on duty of care and on the professional standard of the duty of care, which is why getting other medical professionals to testify that this person breached that standard is so key. In general he should make repairs but if the doctor is unwilling, then you can either go to a different doctor to make repairs or file suit for injury. I do agree that this is an uphill struggle because malpractice cases tend to be expensive, but I also believe you can find an attorney who may be willing to take this on. Sincerely, ***** *****
Customer: replied 1 year ago.
I know.... I've heard all that but if it is clear I went in for a breast reduction and did not get a breast reduction why would it take an expert in the same field to be paid 20-30K and insist first class and a limo at the airport...to say yep she's still a DD. you can look at my before and after pics and see that it wasn't done.
Customer: replied 1 year ago.
so far I have contacted 22 attorney's and none want to touch it. why
Expert:  Dimitry K., Esq. replied 1 year ago.
Because this is a relatively small claim and the size and scope of the defense that the malpractice attorneys would pursue against you would be substantial. This is likely why--if you spent $15k and were injured, but will now have to spend around $150K to pursue, or your attorney would if he is doing this on contingency, his expenses won't even be covered if you end up prevailing. It is very much an issue of economics--attorneys do need to cover their costs, so if your injury is not high enough in value versus the amount and time they have to litigate, it is not a good case to pursue. I cannot comment on costs for an expert solely because those are the costs they themselves set.
Sincerely,
Dimitry, Esq.