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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I had fat transfer to my eyes and one cheek. I also had laser

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I had fat transfer to my eyes and one cheek. I also had laser surgery under both eyes. I still look the same as I did before my fat transfer. I talked to my doctor and he said the fat probably didn't take because of scar tissue, but he would fill my cheeks and eyes with a filler for no charge. He never told me that the fat wouldn't take because of scar tissue if he would have I wouldn't of spent 15,000.00 for the procedure. 7,000.00 for the fat transfer and 6,000.00 for the laser. I believe I was totally overcharged also. I asked him about this at the time and he said he had to charge me more because of the scar tissue and it would take longer for the surgery and a more delicate procedure. Is there anything I can do since I spent 15,000.00 for nothing and I could of just had restylane for 700.00.

Thank you for your question.

If the doctor did not inform you that it was unlikely that the procedure would be successful, but represented that there would not be a problem, then you could attempt to assert a breach of contract and/or fraud claim against him.
The problem you are going to find is that you very likely signed a document which stated that the results were not guaranteed or that otherwise stated problems with this type of cosmetic surgery.

What state do you live in?

Customer: replied 4 years ago.

I live in New Mexico, but had the surgery done in California.

Thank you for your response.

You would be required to file any sort of claim against him in the California courts.

The claims you would have against the doctor are for fraudulent misrepresentation, fraud in the inducement, breach of contract, and deceptive trade practices.

In the end, you would have a very very hard case, as it would be a matter of "he said, she said" as to whether or not he warned you that the medical procedure might not work. That is, unless you have some kind of document wherein he guarantees results or you obtained an opinion from another doctor that the procedure was performed negligently.

Please let me know if you have further questions on this matter.

Best Regards,
Customer: replied 4 years ago.

Thank you. I can't tell you the whole story, but to sum it up I have gone to a couple of surgeons trying to fix what the previous surgeon has done. It's sad after I told this surgeon what I have gone through, to once again take advantage of me. I didn't want to sign the form preventing me to take him to court if something went wrong. He said I would have to sign it or he wouldn't be able to do the surgery. I don't think it's right that you force someone to sign just so he won't be sued. By signing I could only use an arbitrator. Well thanks for your reply, I really appreciate it.

I'm glad I can be of help. I hope the other surgeries are able to get you the results you were looking for.

Best of luck and please do not hesitate to let me know if you need further legal information.

Please rate my services positively so that I may be compensated for my work from the website.

TexLaw and 2 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

I was wondering, would it be better if I just sent a complaint to the Medical Board?

A complaint to the medical board for this type of issue is not likely to result in you getting money back. Generally, the medical board does not levy fines or order restitution unless the violation is egregious (i.e., cut off a leg instead of transplanting a kidney).

Nevertheless, it wouldn't hurt and that would be free.

Please let me know if you need further guidance.

Best Regards,
Customer: replied 4 years ago.

I understand I will not get any money, it's not about the money to me. I'm just really tired of getting surgeons who care more about money and less about their patients.

Thanks again.