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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Personal Injury Law
Satisfied Customers: 2982
Experience:  personal injury and medical malpractice attorney
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Can I sue lifestyle lift to redo something they originally

Customer Question

Can I sue lifestyle lift for promising to redo something they originally got wrong then they closed their doors? I had a lifestyle lift done in December 2013 which was a nightmare. I got an infection after the procedure which wasn't done in a steril environment. I was told by a Dr. that the quality of care was substandard. The procedure involved cutting open my face, yet as I said, it was far from a sterile environment. The Dr. performed the procedure with me still I my street clothes (no steril gown) and the room was open with employees walking in and out of the room. Also, in spite of the fact that I have a heart problem, there was no heart monitor, nobody took or monitored my blood pressure and when my heart rate elevated significantly they told me it "was just the medication" and proceeded to give me more medication. I had no pre surgical antibiotics in spite of my heart condition and the fact that I have knee replacement and am susceptible to infection. When I asked about this, I was told it wasn't necessary. Within 2 days of the surgery, I had an infection. It took me about another 3 or 4 days to get hold of the Dr. who had me e-mail him photographs of what I thought was infected! He responded immediately saying that it was lucky we caught it because it was the beginning stages of the flesh eating disease ( I have photographs). I found out that the Dr's double board certification was in Hair restoration! I went in to lifestyle lift looking for injections to give me a lift and was convinced that I was a " perfect candidate" for a mini lift. I was told that the Dr. was one of the best plastic surgeons in NY! I look older than I did before I had the procedure and the Dr and his colleague agreed and apologized profusely and said he would redo the procedure and he was committed to me being happy. A week later, I get a call telling me that Lifestyle Lift is closing their doors but the Dr will still do the surgery. I have not been able to reach him since. I am left now with scars, constant pain in one side of my face and pins and needles on the other side. Because the quality of care was NOT on par with other Dr.'s in the same field and there was infection and still is pain and discomfort I've been told I have a case against the Dr. and the company. What do you think I should do? Please help!
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Christopher B, Esq replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

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.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.)

Expert:  Christopher B, Esq replied 1 year ago.

I see you have reviewed my answer, do you have any further questions? If not, please positively rate my answer if satisfied.

Expert:  Shayne-cssm replied 1 year ago.
We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address.
Please contact customer support at***@******.*** and provide us with your email address and a link to this question page so that we can help you.
Thank you, ***** ***** Customer Support Team.
Expert:  Christopher B, Esq replied 1 year ago.

If there is anything else you need from me let me know.

Expert:  Christopher B, Esq replied 1 year ago.

Just checking back in, do you have any further questions? If not, please positively rate my answer as it is the only way I will be compensated for my time by the site.

Expert:  Christopher B, Esq replied 1 year ago.

Any chance for a positive rating?