Surgeon offering refund for unhappiness

[sj5ece]

Guys, I was wondering if I could get some perspective on this issue that I am now facing.  I can't release the surgeon's name due to confidentiality issues.

I had an operation with a surgeon over a year ago and suffice to say the result was not satisfactory at all.  No I was not butchered, but I had a mild-moderate case and the surgeon did lipo only.  The condition only improved about 20% and the areolas are still puffy.  The lipo scars themselves are still very visible and on my chest, not hidden at all.  I can not take my shirt off in public again unless I want to try to explain the scars.  I have complained repeatedly to the surgeon basically stating "what did I pay you for".  After much complaining, the surgeon is offering to give my a full refund of $5500.  I have to sign a waiver though stating that I understand that I can not take any legal action against the surgeon and that I would be satisfied.

I was considering legal action since he's never been sued before in his career.  Though, I have contacted two legal practices and neither practice would take the case.  I think it's very hard to sue a plastic surgeon with all the papers.     The surgeon was an ass (until I started complaining liberally) and I think he's afraid for his reputation and possibly higher malpractice insurance rates. I basically feel like the surgeon is trying to "buy" me off.  

So what would you guys do?  I am depressed since the scars have little chance of going away anytime soon (ie couple of years).  Muliple dermatologist visits have confirmed that.  Would you take the refund offer and sign the waiver?  Do you think the surgeon is trying to "get away easy"?  

[flex1appeal]

In actual reality, this is the easy way for you. Because taking him to court will cost you money and time for an uncertain outcome. My advice would be to take the full refund and maybe see another plastic surgeon with the money and get the problem corrected. Seems like an open and closed book to me bro. That's what I'd do.

[Hypo-is-here]

Sometimes in life justice and what is right for you are not the same thing.

If the scars give you problems that money can afford a revision by another surgeon to take them away and it can also afford glandular excision so that you are happier with your chest.  

Trying to obtain justice does not remotely guarantee that.

Take the money.

P.S

Find out what the waiver prevents you from doing and see how you can shaft him once you have the money without braking the law or the conditions of the waiver

[Grandpa Bambu]

Take the money.

P.S

Find out what the waiver prevents you from doing and see how you can shaft him once you have the money without braking the law or the conditions of the waiver

Agreed....  

BTW, please post some pics of your lipo scars dude....

Johh.

[sj5ece]

Thanks for the replies guys.

The scars can't undergo scar revision.  It wouldn't really help.  They're what you call "hyperpigmented" surrounding the incision sites.  Grandpa, I don't want to post pictures for fear of the surgeon reading the site and recognizng through my scars alone.

I've been thinking if I should maybe push my luck and ask him for more.  I have to deal with this the rest of my life and I have been to numerous dermatologists, tried over the counter stuff, and even perscription based bleaching agent which made the problem worse.

I hate backing down but I know it would be the easiest/cost effective way.  I mean, how would you feel if you paid someone big bucks and then on top of not solving the initial problem, they add another one.

[silly_guy]

Hmm tough call.

Somewhere in those papers you signed, there's probably something that protects him against a lawsuit.

Take the money.

[Grandpa Bambu]

Grandpa, I don't want to post pictures for fear of the surgeon reading the site and recognizng through my scars alone.

You're afraid of being recognized by your surgeon? Why? What do you think he would do if he did recognize you?

Like BillyBoy said.... 'Postem man...'  

BTW dude.... how do you know that your sugeon has never been sued for malpractice in the past?

John.

[Hypo-is-here]

On a separate note;

Something that may make you feel better is the fact that the scars you have now are unlikely to remain as bad in time.  Time is a great healer and scars that are bright red and firery can fade to a silvery grey colour that doesn't look too bad.

I know this as I have had major liver surgery that left with massive scaring that was very bad.  Many years later I am left with a large but faded scar that gives me a talking point and makes me look as tough as boots.......but only if you see it close up from a distance you can't even tell to much and I never even got a look at the swimming baths.

Time may make it a lot easier for you.