Runnergirl5
Junior Member
What is the name of your state (only U.S. law)? CO
I am not quite sure where to post my inquiry, so I will start here since it is medical in nature. However, I am not seeking a malpractice claim. Please let me know if I need to re-post in a more appropriate forum. I am wondering if I have any legal standing to obtain a refund (i.e. small claims or some other means?).
I had an elective cosmetic procedure done almost a year ago. I had an upper bleph and internal brow elevation stitch to remove hooding of my upper lids and a mid face lift that entailed only fat re-positioning to remove the "trough" that was under my lower lids. The surgeon and I had a discussion about whether I needed to also have a brow lift or whether his internal brow elevation procedure that he said he invented (an internal stitch that holds up the muscle) would give the desired results. After evaluating my eyes he determined that the internal brow elevation would suffice stating that, "I think you'll get good results. I think you'll be very pleased". I asked him if he was sure the internal brow elevation would give me the expected results and he said yes. I had indicated that I did not want to get a brow lift. I did not want the more obvious double scars on my hairline that would be visible when I pulled my hair back. It was a much more invasive procedure and a step I did not want to undertake. Had he indicated that the only way to achieve the desired result of no hooding of my eyes was to add in the brow lift, I would have reconsidered, looked at other options (i.e. lasers, etc) and would have sought second opinions to see if other newer methodologies existed. I was not interested in spending thousands of dollars for a partial or no result. I trusted his judgement that he felt that the less invasive internal brow elevation would achieve the desired result and that I would get the same results as in all his before and after photos that he displayed.
Fast forward to several months after the procedure. It looks like I never even had surgery. My eyes are still as hooded as they were when I did my consult and I still have the troughs under my eyes because it appears that the fat re-positioning didn't work either. The surgeon now indicates that I apparently have heavy brows and that I would need a brow lift to achieve no hooding of my upper lids. He offered me half off the brow lift which I never wanted in the first place. My brows did not change between the consult and post surgery. I had the same "heavy" brows that I had at the consult. I believed him when he said that I should get a good result and would be pleased with the less invasive internal brow elevation. He has also offered to have his aesthetician do a fractional laser treatment around my eyes at a reduced price to help tighten the skin to see if that makes a difference, though I would need annual touchups. From my standpoint, even if it achieves the results, it does not address the fact that his $7K expensive and invasive surgery did nothing for me.
I feel that he should refund my money. What did I get for my $7K? I had a professional headshot taken just two months before the surgery as part of my job and I had to have another one taken 10 months post surgery. My eyes look exactly the same. You can't tell which is the "before" photo and which is the "after".
On a related note, my husband decided to seek a consult with this same surgeon before my outcome was fully known. He has a "gobbler" turkey neck and is also job hunting and felt that it made him look old and ripe for age discrimination as well. After learning about neck surgery from the surgeon, he decided that he did not want to go that route due to the obvious scars by his ears he would be left with and the fact that his hairline would be right up to his ears. The doctor held up my husband's skin at both his ears to tighten the skin, drastically reducing the waddle on his neck, and asked if that was the result with which he would be happy. My husband and I both agreed that it was. The surgeon said he thought using a new non-invasive procedure they had just started using called Forma that uses radio frequency energy to build the collagen and thereby tighten the skin would work on him and achieve the desired result. It was supposed to build up the collagen and lift the skin, thereby eliminating his turkey waddle. He was offered 8 treatments for $2400. What we didn't hear the doctor apparently say (my husband can't hear well and I must have been focused on something else) is that if it did not work, he would do the neck lift for half price, which is the procedure my husband didn't want in the first place. Well, he had the 8 treatments and it did nothing. The aesthetician got permission from the doctor to do another series of treatments on him at no cost. It still made no difference whatsoever. They are now telling my husband that they are now learning that Forma does not work as well on older skin because the collagen does not re-build as well as younger skin.
We collectively have spent $9,400 and both look the same as before our procedures. We feel duped and that we should get refunds since he made no difference for either of us, despite leading us to believe we would get the results we expected. Ethically, how can he keep our money when he can plainly see that he didn't achieve any results for either of us?
In the contract, it states, in part, that, "Due to individual differences in anatomy, response to surgery, and wound healing, I further acknowledge that no guarantees or promises have been made to me concerning the results of any procedure or treatment. Further medical or surgical treatment may be needed, and this can incur additional costs NOT included in the original surgical fee."
What, if any, recourse do we have? We feel like he used bait-and-switch on us.
I am not quite sure where to post my inquiry, so I will start here since it is medical in nature. However, I am not seeking a malpractice claim. Please let me know if I need to re-post in a more appropriate forum. I am wondering if I have any legal standing to obtain a refund (i.e. small claims or some other means?).
I had an elective cosmetic procedure done almost a year ago. I had an upper bleph and internal brow elevation stitch to remove hooding of my upper lids and a mid face lift that entailed only fat re-positioning to remove the "trough" that was under my lower lids. The surgeon and I had a discussion about whether I needed to also have a brow lift or whether his internal brow elevation procedure that he said he invented (an internal stitch that holds up the muscle) would give the desired results. After evaluating my eyes he determined that the internal brow elevation would suffice stating that, "I think you'll get good results. I think you'll be very pleased". I asked him if he was sure the internal brow elevation would give me the expected results and he said yes. I had indicated that I did not want to get a brow lift. I did not want the more obvious double scars on my hairline that would be visible when I pulled my hair back. It was a much more invasive procedure and a step I did not want to undertake. Had he indicated that the only way to achieve the desired result of no hooding of my eyes was to add in the brow lift, I would have reconsidered, looked at other options (i.e. lasers, etc) and would have sought second opinions to see if other newer methodologies existed. I was not interested in spending thousands of dollars for a partial or no result. I trusted his judgement that he felt that the less invasive internal brow elevation would achieve the desired result and that I would get the same results as in all his before and after photos that he displayed.
Fast forward to several months after the procedure. It looks like I never even had surgery. My eyes are still as hooded as they were when I did my consult and I still have the troughs under my eyes because it appears that the fat re-positioning didn't work either. The surgeon now indicates that I apparently have heavy brows and that I would need a brow lift to achieve no hooding of my upper lids. He offered me half off the brow lift which I never wanted in the first place. My brows did not change between the consult and post surgery. I had the same "heavy" brows that I had at the consult. I believed him when he said that I should get a good result and would be pleased with the less invasive internal brow elevation. He has also offered to have his aesthetician do a fractional laser treatment around my eyes at a reduced price to help tighten the skin to see if that makes a difference, though I would need annual touchups. From my standpoint, even if it achieves the results, it does not address the fact that his $7K expensive and invasive surgery did nothing for me.
I feel that he should refund my money. What did I get for my $7K? I had a professional headshot taken just two months before the surgery as part of my job and I had to have another one taken 10 months post surgery. My eyes look exactly the same. You can't tell which is the "before" photo and which is the "after".
On a related note, my husband decided to seek a consult with this same surgeon before my outcome was fully known. He has a "gobbler" turkey neck and is also job hunting and felt that it made him look old and ripe for age discrimination as well. After learning about neck surgery from the surgeon, he decided that he did not want to go that route due to the obvious scars by his ears he would be left with and the fact that his hairline would be right up to his ears. The doctor held up my husband's skin at both his ears to tighten the skin, drastically reducing the waddle on his neck, and asked if that was the result with which he would be happy. My husband and I both agreed that it was. The surgeon said he thought using a new non-invasive procedure they had just started using called Forma that uses radio frequency energy to build the collagen and thereby tighten the skin would work on him and achieve the desired result. It was supposed to build up the collagen and lift the skin, thereby eliminating his turkey waddle. He was offered 8 treatments for $2400. What we didn't hear the doctor apparently say (my husband can't hear well and I must have been focused on something else) is that if it did not work, he would do the neck lift for half price, which is the procedure my husband didn't want in the first place. Well, he had the 8 treatments and it did nothing. The aesthetician got permission from the doctor to do another series of treatments on him at no cost. It still made no difference whatsoever. They are now telling my husband that they are now learning that Forma does not work as well on older skin because the collagen does not re-build as well as younger skin.
We collectively have spent $9,400 and both look the same as before our procedures. We feel duped and that we should get refunds since he made no difference for either of us, despite leading us to believe we would get the results we expected. Ethically, how can he keep our money when he can plainly see that he didn't achieve any results for either of us?
In the contract, it states, in part, that, "Due to individual differences in anatomy, response to surgery, and wound healing, I further acknowledge that no guarantees or promises have been made to me concerning the results of any procedure or treatment. Further medical or surgical treatment may be needed, and this can incur additional costs NOT included in the original surgical fee."
What, if any, recourse do we have? We feel like he used bait-and-switch on us.
