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Tina, Attorney
Category: Personal Injury Law
Satisfied Customers: 33167
Experience:  Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement
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I had fraxel repair on my face and neck o June 19 without

Customer Question

I had fraxel repair on my face and neck o June 19 without being given any information about the 20% failure on patients with olive skin like myself. Now, my skin seems to be ruined with hyper-pigmentation open pores and orange peel skin... Furthermore I was told that the down time was 7 to 10 days which is not true. The doctor says it could take 1 month to 1 year to get better!! His attitude is dismissively casual. What can I do? (I paid $7000 for that) I went there to ask how to remove wrinkles above and on the side of my mouth. He insisted I should have that fraxel repair and that I would "glow"... I never heard about that before and did not ask for it in the first place. Besides wrinkles, my skin was in good condition (I am 62)
Thank you for your help
Submitted: 4 years ago.
Category: Personal Injury Law
Expert:  Tina replied 4 years ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am so very sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

You did not sign anything indicating that you had been warned about this potential outcome?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 4 years ago.

I see on the "permission for surgical care" written in very small characters: "pigment changes, During the healing process there is a possibility of the treatment area becoming lighter or darker..this is usually temporary but on some occasions may become permanent."

What i signed (highlighted in yellow) on this page and a cross in the bullet is "I have an advance Directive and have been advised that CVSC does not accept "Do Not Resuscitate" directives".

I was told I was approving this!!

Expert:  Tina replied 4 years ago.
Hello again, Maria, and thank you for providing this additional information.

Since the warning only consists of some "pigment changes which may become permanent" in small lettering, I would typically argue in this case that there was NOT informed consent since you were not warned of the possibility of hyper-pigmentation, open pores, and orange peel skin, or the fact it could take up to a year to heal from the procedure. Also, if it is well known that this procedure may not be safely performed on individuals with olive toned skin, that should have been communicated to you typically.

This does sound like a case of medical malpractice because of a failure to obtain informed consent to you. Your best course of action under these circumstances typically involves consulting further with a local medical malpractice firm who can have your medical records reviewed by a medical professional who can make a determination as to whether malpractice occurred.

If they determine there was malpractice, that would typically provide a basis to pursue compensation from the provider for injuries you have sustained as a result of their malpractice.

It is important to take photographs of your injuries as well so if your case requires legal action, you will have proof of the injuries you have sustained.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!