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On 5 /20/16 i received a botched dysport and restayane

filler injection from an eye...
on 5 /20/16 i received a botched dysport and restayane filler injection from an eye surgeon, fantastic reputation, highly recommended. she put too much in and paralyazed my eye shut. i could not open my eye for @6-8 wks. i could not work,, lost
income, im self employed and need to drive for work. it also caused severe stress and anguish, embarassment. People kept asking what happened. the first days after the injection i had terrible panic attack, felt like I had the flu, & read it was side effect from botox poisoning. i took pics documenting the closed eye and she never refunded me $400 for the botched dsyport, although she said she would. A friend of a lawyer told me to wait to make sure damage was not permanent. after about 2 months it finally fully opened. has a time limit run out or Is it too late to file a claim? what type of claim would i file, is this more ins settlement or malpractice or personal injury and can receive a settlement for lost income and the emotional suffering. i live in NJ but dr is PA
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Answered in 22 minutes by:
1/19/2018
RobertJDFL
RobertJDFL, Attorney
Category: Personal Injury Law
Satisfied Customers: 14,334
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Good evening,

This would be a medical malpractice matter.

According to Pennsylvania malpractice law, medical malpractice occurs when a doctor or other healthcare professional commits medical negligence. Medical negligence occurs when the healthcare professional breaches, or violates, the standard of care.

A standard of care is the generally accepted medical practices used by a group of medical professionals in the same geographic area for patients suffering from a particular disorder or illness. This standard can change depending on a number of factors, including the patient's prior medical history and age.

In addition to committing an act of medical negligence, to have a medical malpractice claim this act must have directly resulted in the patient's injuries. In other words, it is not enough that medical negligence occurred. Rather, you and your attorney will have to prove that the negligent act caused the injury. Proving this can be difficult, and often requires the input of medical experts.

There is a two year statute of limitations to file a lawsuit for medical malpractice. The time limit begins to run when a plaintiff knew, or reasonably should have known, that injury occurred. So, you do still have time to file. And yes, you can seek money for lost wages as well as your pain and suffering and any additional uninsured medical costs (doctor visits, future treatments, etc).

RobertJDFL
RobertJDFL, Attorney
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