Personal Injury Law
Personal Injury Law Questions? Ask Personal Injury Lawyers.
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You might be out of luck for the company if they have closed their doors and disbanded the corporation. If the company is still in existence and has the assets then they would be a candidate for a lawsuit. The physician can be sued as well. For a medical malpractice case you have to prove that the care provided fell below the applicable standard of care of a physician in the same field. You will first need to request your medical records from the procedure and any related care. You will then need to have the records reviewed by an expert to testify the the care was substandard and below the standard of care. If you believe you have a case, I would retain an attorney that specializes in medical malpractice to review your case and provide the expert to for review (they can be quite expensive). You can normally have a free consultation and retain them on a contingency agreement (usually around 40% of any judgment or settlement and pay nothing upfront).
It is difficult to ascertain a medical malpractice claim without seeing the medical records but if the facts you have given are true then you will have a VERY good case. I would hire an attorney immediately and get moving on the case for the work done already, the promise to fix it is probably good because you do not want to go back to an environment like that. You could have the work fixed and if found negligent, the cost for the procedure to fix this would be covered under your damages. You could also sue for damages for the cost of the original procedure, pain and suffering and other damages.
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