Please Help!!!!!!

NJ

This is a complaint about a plastic surgeon that Ive been fighting with for a year. I just recieved a letter from the Board of Medical Examiners that my complaint against him and the money I wanted refunded was denied. I am wondering if I can take him to Small Claims Court to get back MY money.

I paid 1800 dollars for a minor brow lift. When the bandages were removed, my brows fell immediately. He told me not worry that they would "lift" themselves once the swelling went down. This never happened. I went back to see him twice after the surgery - both times he made different claims: One, that he warned me against the surgery LIE and two, that he told me had he done what I really wanted, I would have looked funny. ANOTHER LIE. He was trying to save himself the embarassment of not giving me what I wanted and paid for. Before surgery at our 3 consultations - he said everytime that he COULD and WOULD do as I requested. I should him every time what it was I wanted and he agreed that I would have a long lasting effect from teh surgery. Well, of course I didnt and now after knowing hte Medical Board will not help me... I need to know who can!!! This doctor, I feel stole $1800 from me. I went through a horrible depression over it and had to take a week off from work after surgery which was another $500 lost. I am so angrey and upset still after a year - like HE really needs my 1800 bucks!!!!

If I am able to take him to court - the only proof I have are the pre/post op pictures HE took. They clearly show nothing was done thru the procedure. Would a letter from my therapist help as far as the depression issue goes? I did go to another doctor who said he had no idea what this doctor did to me - HOWEVER these jerks all protect each other and he was unwilling to write a letter saying so. Are they any ideas any one has to offer?? PLEASE, I really really need it.

thanks

Hmmmnn...
First of all keep in mind that going to small claims court would be worth a shot. It really depends on the judge as to what kind of ruling there will be.

From what I understand...and excuse me if I am insulting your intelligence...YOU have to prove that the Dr. did not do what you paid for. The only idea I have is that you try and find before and after pictures of another person who had the exact same surgery you did, preferably from the same Dr., and my feeling is that if there is a noticable difference between your and his surgery, then you would have a good case. And yes, a letter from your therapist might help too, but I do have to tell you, I don't see why a person would go into depression over this and the judge might not see that either. And I would definitely TRY to get the $500 from when you were out of work, but I have to tell you that time off of work after a surgery should have been taken in to account when you decided to get the surgery. I am not trying to be unsympathetic, I just feel that a judge might not grant you anything b/c of the depression and time out of work b/c the surgery was completely optional and unnecessary. (vs. a medical reason to get surgery) I do think you have a good case as far as the Dr. goes and I would DEFINITELY go to SCC over this.

I hope that I haven't rambled on and on, and I do apologize for my apathy.

I think you would need more of an "expert" testimony to win this case. A doctor that says the job is botched. But you've already stated it's your word against his. Seems like you would end up putting out even more money to fight this case.

Does the work need to be fixed, can someone testify to that? Not trying to discourage you, trying to be practical.

I became depressed over spending $2000 and not getting anything from it. I had high hopes for this surgery and came out not being able to look at myself in the mirror without balling my eyes out. Maybe that kind of money doesnt mean anything to you or maybe you can find happiness in everything - but this was a very difficult situaiton to go thru. And Im not trying to sound jerky with stating that. Im just answering why you cant understand someone being depressed over this.
You certainly did make a great point about the money I missed from work - being that I agreed to this surgery. I didnt think of it that way. Thanks

2nd how much money would I have to spend for small claims court??? I will be defending myself. If its not much - I definitely want to go for it. Also I heard if the defendent doesnt show up for court - the plaintiff gets the money automatically. Is that true??

Sorry, I wasn't making light of your situation, If I only got screwed out on 2000 bucks in my life I would be RICH! But your right, life's to short to sweat the small stuff, and I don't *G* So raising my eyebrows, and paying for it wouldn't have even crossed my mind. Sometimes I don't understand why people are never happy with what they have to begin with.

But any-who, back to your question, small claims in NJ can be found here:

http://www.judiciary.state.nj.us/civil/civ-02.htm

But another thing to consider if he counter sues you, you again will owe him money. Just a thought.

I don’t think that anyone was being intentionally rude, but more like trying to put a realistic view on your situation.

First I want to say that you have my sympathy. Yes, 2 grand is nothing to make light of. I don’t claim to be an expert in plastic surgery, but being vain and almost 40, I am very well read on the subject. *LOL*

It appears to me, by the cost, that you probably had an endoscopic brow lift instead of a coronal incision one. Is this correct? If so, it might not have been the proper procedure to give you the look you desired...but again, I'm not an expert and have no clue what you look like. You might have needed the older more evasive, scarring procedure (coronal)…or maybe a combination with an upper bleph? I wasn’t there to hear what was said between you and your surgeon and neither was a small claims court judge. Therefore, as you know it would be up to you to convince the judge you didn’t get what you paid for and it did not have the effect your PS said it would. The PS will probably argue that you came in with one procedure in mind; he tried to explain that it might not have the desired effect but he gave you what you insisted on anyway. Your word against his….usually the case. You are probably able to look up where to file, the forms and cost involved in filing your action on line (including how to subpoena your pre-op photos).

Instead of just a letter from another PS, why not obtain the cost of a corrective procedure? It will probably mean another hundred or so for the consult (recommendation) ect. but it could help you in court and at least you will know what you are looking at if you decide to try again. I highly recommend that you see not only a board certified PS, but one who is also accredited by American Society for Aesthetic Plastic Surgery...maybe you already have.

As for depression, it's my understanding that it's pretty common even if the procedures are done correctly. YIKES, what did I do!

There are several PS boards out there that can offer support if you need advice or just a pep talk! *S*

Good Luck!

KAT

Be sure and find out if the Small Claims court is the proper jurisdiction. In California, a medical malpractice claim must include a declaration from another doctor indicating that malpractice has occurred. Maybe IAAL can confirm.

stephenk

It's not, I read the site after posting, NO med mal in NJ in small claims court.

I read that too. What can I do then? Is there another court I can take him too?

Thanks for all your help - by the way.