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How hard is it to prove personal injury after having

Customer Question
Radiasses injections on your face?...
How hard is it to prove personal injury after having Radiasses injections on your face?
Submitted: 6 years ago.Category: Personal Injury Law
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Answered in 8 minutes by:
3/1/2012
Personal Injury Lawyer: Patrick, Esq., Attorney replied 6 years ago
Patrick, Esq.
Patrick, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 14,223
Experience: Attorney with significant personal injury experience
Verified
Hello and thank you for entrusting me to answer your question.

To answer your question honestly, these cases are very difficult and very expensive to prove.

The reason is because you would need to demonstrate that medical malpractice occurred, and the standard to proving malpractice is very high. Specifically, the relevant inquiry in a malpractice claim is whether your treating physician's care fell below the relevant standard of care in the medical community.

It is a common misconception that just because a medical procedure produced poor results that malpractice has occured. In fact this is often not the case. It's entirely possible that a medical provider exercised reasonable care and that your injections did not turn out properly.

What you would need is an expert to attest that the injections were performed in a manner that was negligent and fell the relevant standard of care. You would need to pay an expert to state such an opinion, and medical experts typically cost at least $2,000 to retain. So, unless the damages are significant (i.e. large medical bills or permanent disfigurement from the injections) such a claim may not be economical to pursue.

If you are interested in pursuing your case and need an attorney referral, visit this link: http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=CA or visit http://www.martindale.com On MartinDale, you can search attorneys by their practice area. You will want an attorney who specializes in medical malpractice actions.

Again, while these cases are difficult to prove and win, that does not mean that malpractice hasn't occurred under the circumstances you describe. However, the legal battle you would face would be quite an uphill one and there is no guarantee of success.

I sincerely ***** ***** this information helps you and I wish you the best.

My greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Although I cannot always provide good news, I hope that my answer gives you a better understanding of the law and your rights so that you can obtain the best possible result under the circumstances. Also, please bear in mind that experts are not credited for unaccepted answers, so I greatly appreciate you taking the time to "accept" my answer and leave positive feedback.

Finally, none of the above constitutes legal advice nor is any attorney client relationship created between us.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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