When is it time to taking legal action?

[stormlaw]

I do personal injury and medical malpractice in the State of California.

To sue for Medical Malpractice in the State of California you must; (1) Show that the doctor failed to act as an ordinary doctor in the community would have under similar circumstances; and (2) Because of the failure to act as an ordinary doctor you suffered damages.

Damages are: Out of pocket expenses such as loss of wages, medical expenses, future medical expenses, travel to and from the doctor, etc. Non out of pocket expenses such as pain & suffering, loss of enjoyment of life, emotional distress, etc.

Because of tort reform in California in the 1970's, non out of pocket or general damages are limited to a maximum of $250k.

Also, you must sue for medical malpractice in the State of California within 1 year of when you knew or should have known that you were the victim of malpractice.

Based upon the facts you articulate, you may have a cause of action for medical malpractice (failure to disclose), and possibly even fraud.

I am a California attorney, however I am sure that many states are similar.

Good luck.

[KeepTheHair]

Wow... The shit I read about hair transplants man... When I first came here I would DEFINITELY have had one if I had the money. Now that I do I never will ever.

Hair transplants are a joke... The amount of skill it takes to do it successfully is too much for 99.9999999999999999999% of doctors. Even if you find the right doctor... you need a lot of luck. Something will go wrong. Also, 90% of the time you get mediocre results that aren't ever thick. You get bad yield. A good HT is extremely rare from what I see.

On top of it all... it's EXTREMELY expensive. F*ck hair transplants and the selfish money hungry doctors.

Please out the doctor? Are you allowed to legally?

[KeepTheHair]

Another thing. Sometimes you wait over a year for results... everything about hair transplants suck. The cost, the risk the effort the emotional stress the time off.

I am glad I didn't get one.

[stormlaw]

Well it took me 4 years to take the plunge. I am 3 days post op right now and hoping for the best.

If it works, I will have my hair back. If not, I will still be balding.

[Mr. 4000]

Another thing. Sometimes you wait over a year for results... everything about hair transplants suck. The cost, the risk the effort the emotional stress the time off.

I am glad I didn't get one.

smart man, I wish I didn't do this, it has been nothing but problems today and problems tomorrow, I am hoping not a problem forever.

It is funny when I see a bald person now, I envy them for accepting it.

[Mr. 4000]

Okay, but you still haven't explained what you're hoping to accomplish through legal action; you merely reiterated why you feel you were wronged.

Just as in the decision to get a hair transplant in the first place, you really have to think very deeply and carefully about what you hope to gain through pursuing a lawsuit. Otherwise you risk another large investment of time and money and emotion for a result you may also find deeply unsatisfying.

I get what you are saying, but I have been injured by my doctor and disfigured. As far as the HT, that is another issue. No matter what the procedure, a doctor is not protected from causing injury, disfigurement, pain and suffering because of their error.

[gmonasco]

I get what you are saying, but I have been injured by my doctor and disfigured. As far as the HT, that is another issue. No matter what the procedure, a doctor is not protected from causing injury, disfigurement, pain and suffering because of their error.

Nobody's disputing any of that. But again, if you pursue legal action, you have to specify what it is you seek to achieve as a result of that action. So what is it that you want? That you have consistently avoided providing even a general answer to this question leads me to infer that you haven't thought things through at all; that you're simply hurt and angry and wanting to use the court system as a way of striking back at the person who you feel did you wrong.

Nobody's saying that you're wrong, or that you haven't been damaged, or that you don't have valid grounds for a lawsuit. But if, for example, you spend months and months and thousands of dollars pursuing a lawsuit, and the end result is that the court awards you a 50% refund of your procedure cost, are you going to be satisfied? Will the emotional catharsis of that result be worth all the time and money you put into achieving it?

That's why I ask my question, and why I repeatedly say you really need to think long and hard about what you're hoping to accomplish before you embark on this course of action.

[PayDay]

Even if you think you can prove damages, you would have to prove that the doctor somehow deviated from the standard practice in this type of surgery. Unless you can prove that he was negligent, shown to be incompetent or intentionally harmed you, you can’t win. Even if you could prove incompetence or negligence the dollar amount would be too small for an attorney to take on a contingency basis, and it would most likely be cost prohibitive to pursue for the average guy.
Can I ask what your doctor says about all of this? Does he admit any wrong doing? If you have that in writing that may help your case.

[Mr. 4000]

Nobody's disputing any of that. But again, if you pursue legal action, you have to specify what it is you seek to achieve as a result of that action. So what is it that you want? That you have consistently avoided providing even a general answer to this question leads me to infer that you haven't thought things through at all; that you're simply hurt and angry and wanting to use the court system as a way of striking back at the person who you feel did you wrong.

Nobody's saying that you're wrong, or that you haven't been damaged, or that you don't have valid grounds for a lawsuit. But if, for example, you spend months and months and thousands of dollars pursuing a lawsuit, and the end result is that the court awards you a 50% refund of your procedure cost, are you going to be satisfied? Will the emotional catharsis of that result be worth all the time and money you put into achieving it?

That's why I ask my question, and why I repeatedly say you really need to think long and hard about what you're hoping to accomplish before you embark on this course of action.

that is a good point, but that is something that I must discuss with my lawyer

my doctor is on this site so he is reading and is probably trying to pry information from me indirectly.

hey, what to do I get out of it if I just walk? Permanent damage from some Doctor who could careless that promised me a solution and then changed his mind? That is not an option.

[Mr. 4000]

Even if you think you can prove damages, you would have to prove that the doctor somehow deviated from the standard practice in this type of surgery. Unless you can prove that he was negligent, shown to be incompetent or intentionally harmed you, you can’t win. Even if you could prove incompetence or negligence the dollar amount would be too small for an attorney to take on a contingency basis, and it would most likely be cost prohibitive to pursue for the average guy.
Can I ask what your doctor says about all of this? Does he admit any wrong doing? If you have that in writing that may help your case.

Any injury beyond scarring and numbness is proof enough by your definition. I was told by my doctor that this out patient surgery would be easy and pain free. Expect a scar and maybe some numbness and back to work in less than a week. Everything should be NORMAL by 4-6 months. Every doctor in the industry has this as a verbal and or written contract with their patients.

My doctor gets very defensive and tells me what he should have done as if he did it by the book. He knows how to play the game. They all do.

All I need is my specialist to prove the injuries. I have already been schedule for rehab twice, by two different doctors and I am going for three. This isn't a guessing game.

[gmonasco]

that is a good point, but that is something that I must discuss with my lawyer

Actually, it's something you should be telling your lawyer. Your lawyer can only advise you on what you might reasonably expect to get; he can't decide for you what result you will find satisfying.

hey, what to do I get out of it if I just walk? Permanent damage from some Doctor who could careless that promised me a solution and then changed his mind? That is not an option.

Nobody's saying you should "just walk." But unless you have a very clear idea of what you want to get out of the process, you're likely to come away from it even more disappointed than you went into it.

Again, your terminology suggests that you're a hurt and angry person who is seeking some nebulous form of revenge rather than seeking an achievable result that will bring some measure of comfort and satisfaction to you.

[Weedwacker]

The problem with the hair transplant field is the lack of oversight. Any MD or DO, even a psychiatrist, can legally perform a hair transplant as far as I know. In my opinion, the field ought to require a hair transplant surgical residency; or, it ought to be mandated that anyone performing these procedures is a board certified plastic surgeon with extensive training. I know that hair transplant surgery is only 'light' cosmetic surgery; however, any time one is messing around with a patient's skin and neck area, there is a risk.

There is a reason that surgeons are required to do at least a 5 year surgical residency of 100-120 hours per week; that's for general surgery. Cardiac and neurosurgery, we're talking 7-8 years with residency. The consequences of surgical errors are great, and that's why, traditionally, surgeons train for that many years. In other words, they have no social life. Only the best of the best become surgeons; most either can't make it (they don't have the superior hand-eye coordination, technical skills and capacity to handle severe stress), or they don't have the work ethic. Some doctors simply choose to do other things.

It is rediculous that any doctor can perform these procedures. It is my opinion that hair transplant doctors want fast money, and this is the best route. I seriously doubt the majority of them could have hacked a real surgical residency.

About 10 years ago I went in for a consultation with a hair replacement clinic employee and discussed the procedure. I knew I wasn't going to have it done; however, I wanted to explore my options. I was wearing a piece at the time. My Father, being a contract attorney, told me I would be stupid to sign their contract; if signed, it is a one-sided and no-fault document. I would never have a hair transplant for a number of reasons.

[Mr. 4000]

I do personal injury and medical malpractice in the State of California.

To sue for Medical Malpractice in the State of California you must; (1) Show that the doctor failed to act as an ordinary doctor in the community would have under similar circumstances; and (2) Because of the failure to act as an ordinary doctor you suffered damages.

Damages are: Out of pocket expenses such as loss of wages, medical expenses, future medical expenses, travel to and from the doctor, etc. Non out of pocket expenses such as pain & suffering, loss of enjoyment of life, emotional distress, etc.

Because of tort reform in California in the 1970's, non out of pocket or general damages are limited to a maximum of $250k.

Also, you must sue for medical malpractice in the State of California within 1 year of when you knew or should have known that you were the victim of malpractice.

Based upon the facts you articulate, you may have a cause of action for medical malpractice (failure to disclose), and possibly even fraud.

I am a California attorney, however I am sure that many states are similar.

Good luck.

thanks storm, my doctor is in the south west. In this state there is no limit on damages and 2 year limitations.

I don't know much more than that, but I have had interest in many wanting to take my case. I wish I could do it myself. That would be a great learning experience. I know that it would be a mistake in case of a minor mistake and ruining the case.

Damage Caps

THis State does not place a cap on the amount of damages recoverable in a medical malpractice action. Article 2, § 31 of this States' constitution prohibits the enactment of any law limiting the damages one may recover for personal injury or death.

Statutory Cap on Attorneys' Fees

This State does not place a limit on the fees recoverable by an attorney in a medical malpractice action. This information is as of 2007, but I don't think it has changed since that time. If so that wouldn't favor me.

[PayDay]

Mr. 4000 I hope you get the resolution that you are looking for, but I personally think that it is going to be an uphill battle. Did you ask for a refund?

[Mr. 4000]

Mr. 4000 I hope you get the resolution that you are looking for, but I personally think that it is going to be an uphill battle. Did you ask for a refund?

yes, I asked the doctor what he would offer as a solution, and I did specifically ask for a refund. He did not counter. He him-hummed and asked for more pictures. I have sent him tons of pictures, some he claimed he didn't receive but my mail confirms he did. He is killing time knowing the legal situation.

Thanks for support