Refund for stem cell

My husband had a stem cell procedure
a few months ago for his hip. The pain
didn’t go away, it actually got worse.

He went to an orthopedic surgeon and
was told he’s not a candidate for stem
cell and if anything it made it worse.

We paid 4,000. How can we get our
money back?

Asked on December 19, 2018 under Malpractice Law, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit for negligence against the doctor,it may be possible to settle the case with the doctor's malpractice insurance carrier. Your husband has the medical bills, but should also obtain the medical reports and documentation of wage loss. He should also obtain a written statement from the surgeon who said he was not a candidate for the stem cell procedure. Your husband's claim filed with the first doctor's malpractice insurance carrier should include all of these items.
Compensation for the medical bills is straight reimbursement. The medical reports document the medical condition and treatment, and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the malpractice insurance carrier, NO lawsuit is filed.
If your husband is dissatisfied with the settlement offers, reject them and file a lawsuit against the doctor for negligence.
If the case is NOT settled, the lawsuit against the doctor must be filed prior to the expiration of the applicable statute of limitations or your husband will lose his rights in the matter forever.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

The only way to get your money back--and possibly recover additional amounts, such as for "pain and suffering" if the pain has worsened and stays worse for months or longer; or for additional medical costs, if he needs to undergo some procedure to "undo" or correct what was done, or deal with its aftermath; or lost wages if the increased pain keeps him from working--is to sue. You would sue for malpractice: for the doctor conducting a procedure which your husband was not a good candidate for. 
Consult with a medical malpractice attorney: many provide free initial consultations to evaluate a case (you can confirm this before making the appointment), so it would be well worth your while.

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