How do I find an attorney who will take a medical malpractice case regarding a cosmetic procedure that was done to me without my consent?
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How do I find an attorney who will take a medical malpractice case regarding a cosmetic procedure that was done to me without my consent?
I had a tummy tuck done by a doctor who automatically also does liposuction and
I am a size 6. I did not need liposuction but he said he would do light lipo on the small of my back and on my high upper hips. Instead, he did very heavy and deep liposuction on my butt and has left me disfigured. The state does not require that doctors carry medical malpractice insurance which, in effect, leaves every patient without legal rights, and protection when harmed by a doctor. The state bar and county bar association said that none of their attorney’s will take a case if there is no medical malpractice insurance and because cosmetic surgery is an elective surgery, My Doctor has lied and denied everything because he feels untouchable. He also makes everyone sign a contract that it’s arbitration only. I found another woman online who he disfigured too doing liposuction and he paid a settlement to her. She’s out of state but I’m sure there are many of us out there who’s lives have forever changed because of this doctor. I’m crying myself to sleep at night and try not to look at myself now. Before surgery, I was happy with my butt and in a million years I never would have thought that he would do a surgery that I never agreed to and get away with it. How can I find an attorney who will consider or take my case?
Asked on November 14, 2018 under Malpractice Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The only way to find an attorney is to call attorneys and see if any will agree to take the case; there is no right to a lawyer for a civil (I.e. noncriminal) case, so you can do is ask lawyers if they will take it. Google malpractice attorneys for your state--you will get many names. Call them--that's all you can do.
Note that you may not be able to find a lawyer who will take this without insurance. The problem is, without insurance, even if you win, there may be no money: the doctor may be insolvent or broke; he may declare bankruptcy; he may even potentially leave the country and take his money with him. Without a guaranty of payment if you win, a lawyer could spend hundreds of hours on a malpractice case and have nothing to show for it. Very few lawyers will take that chance.
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