What to do if I received scars after being treated by a person that I learned has no license?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I received scars after being treated by a person that I learned has no license?

I went to a medical center that advertised tattoo removal online by injecting a solution under the skin to excavate the ink. It was also advertised by being performed by only medical doctors and dermatologists. It did not work for me and I received horrible scars. The person who did the procedure only worked for a doctor and has no medical license and is not a nurse. I never met or was examined by the “doctor” and after I emailed him my situation and sent him pictures he told me that I was not a good candidate and there is nothing more he can do and is refusing to give me back my money.

Asked on April 2, 2012 under Malpractice Law, Florida

Answers:

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

Answered 9 years ago | Contributor

An employer is liable for the negligence of an employee which occurs during the course and scope of employment.  The medical center and doctor are liable for the negligence of their employee who performed the tattoo removal procedure on you.  You should obtain your medical bills, medical reports and documentation of any wage loss.

It would be advisable to see a dermatologist to determine if there is any treatment for your scars.  If there is available treatment, you could have the treatment and upon completion or upon being declared permanent and stationary which means no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss which would be part of your negligence claim against the first doctor and the medical center.  If the dermatologist says that nothing can be done to treat your scars, the dermatologist could write a report to that effect which you could use in your claim against the first doctor and medical center.

Prior to filing a lawsuit against the first doctor and the medical center for negligence, it may be possible to settle the case with their insurance carriers.  Your personal injury claim would include the medical biils, medical reports and documentation of any wage loss from the medical center and  from a second doctor the dermatologist if applicable.   Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  If the case is settled with the insurance carriers for both the medical center and the first doctor, NO lawsuit is filed.  If the case is NOT settled with either the first doctor or the medical center, both of them would be named as defendants in your lawsuit for negligence.  If the case is settled with the insurance carrier for one of the parties, but not both, you would only name the party with whom settlement was not reached as a defendant in your lawsuit for negligence.  If the case is NOT settled with the insurance carriers for both the first doctor and the medical center, you will need to file your lawsuit for negligence prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

 

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption