Crystal Smith
Junior Member
San Jose, CA
I had plastic surgery in 2007 (nose job), and the final results were not apparent until 2009. The doctor stated it takes that long for swelling to come down and have final results. During a follow up appointment the doctor told me he would not be able to do another surgery as he had originally told me prior to surgery.
The tip of my nose is incredibly crooked and droopy. I told him of the problems with my nose and he told me it was like that before. I told him it wasn’t, and even if it was, that is what the surgery was for. I demanded a refund, and he provided nothing. I filed a complaint with the BBB and he said that the tip of my nose was not included in the rhinoplasty procedure. The doctor specifically told me it would be, but there is nothing saying either way in any of the paper work.
I want to sue him in small claims court for breach of contract since 1) he did not fix the tip of my nose as we had agreed upon prior and 2) he will not do another surgery to fix it. What do I need to show to succeed on this? Also, can he bring a lawyer to small claims court, or his medical malpractice insurance representative? Can I simultaneously sue him for negligence at the same time since the surgery only took 45 min when typical surgeries take at least 1 to 2 hours?
I had plastic surgery in 2007 (nose job), and the final results were not apparent until 2009. The doctor stated it takes that long for swelling to come down and have final results. During a follow up appointment the doctor told me he would not be able to do another surgery as he had originally told me prior to surgery.
The tip of my nose is incredibly crooked and droopy. I told him of the problems with my nose and he told me it was like that before. I told him it wasn’t, and even if it was, that is what the surgery was for. I demanded a refund, and he provided nothing. I filed a complaint with the BBB and he said that the tip of my nose was not included in the rhinoplasty procedure. The doctor specifically told me it would be, but there is nothing saying either way in any of the paper work.
I want to sue him in small claims court for breach of contract since 1) he did not fix the tip of my nose as we had agreed upon prior and 2) he will not do another surgery to fix it. What do I need to show to succeed on this? Also, can he bring a lawyer to small claims court, or his medical malpractice insurance representative? Can I simultaneously sue him for negligence at the same time since the surgery only took 45 min when typical surgeries take at least 1 to 2 hours?