Author Topic: Re: Malpractice Lawyer Search?  (Read 2856 times)

Offline jc71

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yellow pages sounds like your best bet. better be damn sure you'll win if you go that route. usually the only ones who win are the attorneys.

Offline Paa_Paw

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You can often get a good idea how much merit your case has by how the attorney wants to handle it.

If you have a very strong case with a good chance of a large settlement, you would have no trouble getting an attorney to take the case on contingency. That is to say that you'd pay little or nothing up front and the Attorney would simply get a percentage of the award.

Conversely, If your case is weak, and there is not a good chance of winning; The attorney would likely want a large retainer before they would do anything.

Either way, the attorney is sure to make money. Even if you lose, the attorney is already paid---by you!

To make a case, you would have to have a Doctor on your side who could testify that the treatment you recieved was far below acceptable standards. Finding this kind of professional would probaly cost more than you originally spent on the services of the first Doctor.

In the case of cosmetic surgery, you stand very little chance of winning unless your result is so bad that it could be called mutillation.

As jc71 pointed out, the only people who are sure to make any money on these cases are the attorneys. It is much more likely that you could spend a fortune in legal fees but get nothing.
Grandpa Dan

Offline silly_guy

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Plus (unfortunately) there's fine print in those pre-surgery papers that stated something about the surgeon not being accountable if the patient's not satisfied.

There is a place to make formal complaints about surgeons isn't there?  

My apologies if I'm off-topic and you're not even talking about gyne surgery.

Silly_Guy

Offline silly_guy

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Well good luck with this.

btw, just curious as to what other options he suggested.  Also, did he offer the shots for swelling or was it actually to help with the results?

Offline Paa_Paw

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Just to satisfy my curious nature, What did you do prior to surgery?

Personal or family Doctor?

Endocrinologist?

Psychologist?

Did you consult more than one Surgeon?

Did you check out the Surgeons credentials prior to surgery, or just accept the advertising?

This is not to be rude, but if you are serious about persuing a case against the doctor you'll need to establish that you did all you could to obtain a successful outcome and that it was He alone who erred.

Offline Paa_Paw

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While male breast reduction surgery has only been around for barely over 20 years, it quickly became one of the most common of elective surgical procedures.

Understandably, many have come to feed at this trough.

It would be a shame to malign those Surgeons who help many of our brethren, but clearly there are some who are simply following the money trail.

The problem is, how does one sort them out?

Offline letspray

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Okay... I'm going to help you out, so take some notes.

I had a similar yet WORSE experience than you.  I have poor results, and to top it off, I have substantial proof that my surgeon didn't even perform the surgery!  He let someone else from his staff do the job.

I found a medical malpractice lawyer who insisted I had a case, and ordered me to demand my medical records.  After this, he sent me to a plastic surgeon that he used as a specialist.

The specialist noted that although my results were poor, and that I had substantial proof that the surgeon didn't perform the proceedure, winning a lawsuit was a long shot.  He said that the only way anyone ever wins medical malpractice lawsuits is if there is significant deformations.  The process takes over two years to reach a settlement, so if you're willing to risk your time, money, and possible embarassment, your best bet is to try something else.

I also sought another legal adviser who told me the same thing... surgeons usually win the cases unless a death or serious deformity takes place.

So instead, I went back to my surgeon, yelled and made a huge scene in his office about how s h i t t y his work is, and demanded my medical records within the mandatory time span of two weeks required by law.

Make it seem like you're going to sue his a s s, but don't directly tell him that.  He's going to freak out because even though he knows he'll probably win the case, he doesn't want negative publicity, and secondly, he doesn't wanna have to pay defense lawyers.

You'll get your money back either that day, or at the time they hand over the medical records.  They may make you sign a release form in order to get the refund.

If they don't offer you a refund, file a small claims lawsuit which will only cost you $75 or so, and sue him for the maximum amount of $7,500 or so ... (max varies by state.)

Don't give up ... get your money back!  You gotta have balls, bro!

Offline jc71

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Excellent advice letspray

I don't think the surgeon will ever let the complaint get to court. As you said, he doesn't want the bad publicity and you complaining to others about him.

Although he may win the case, the premiums he pays for his medical malpractice insurance will certainly go up.

Also, you can look on your state medical boards website and get a history of complaints against the guy.  If he gives you your money back right away, the problem goes away and he doesn't have to worry about it.

I have a close friend who is a divorce/family law attorney and he agrees that the attorney's are the only ones who win most cases, whaever the case may be.

Offline Paa_Paw

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There was a time when professionals were not allowed to advertise in the way that is now so common. You found your professionals usually by a referral from someone you trusted.

I believe that this is still the best way to locate professional services of any kind. I'd rather have the word of a trusted friend than a full page color ad anyday.

This is another reason for going through the many steps from the Family Doctor, Endocrinologist, Psychologist etc. Ask each this question: If you were to have surgery yourself, which surgeon would you go to?

 


 

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