I had a cosmetic surgury few month ago and i’m very unhappy with the results, it’s passed the time limit to dispute with my credit card and doctor is not cooperating at all, can i file a claim to try to get money back? Thank you

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I had a cosmetic surgury few month ago and i’m very unhappy with the results, it’s passed the time limit to dispute with my credit card and doctor is not cooperating at all, can i file a claim to try to get money back? Thank you

I had a cosmetic surgury few month ago and i’m very unhappy with the
results, it’s passed the time limit to dispute with my credit card and doctor
is not cooperating at all, can i file a claim to try to get money back? Thank
you

Asked on August 8, 2018 under Malpractice Law, California

Answers:

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

Answered 3 years ago | Contributor

Unhappiness with cosmetic surgery is not sufficient for a medical malpractice claim.  A medical malpractice claim requires you to prove that the doctor was negligent and that negligence caused an injury which is documented with additiional medical treatment.
In order to prove that the doctor was negligent, you will have to prove that the doctor failed to exercise due care which is 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.  Unhappiness with the results of cosmetic surgery is not sufficient to prove negligence.  Therefore, you don't have a malpractice claim for recovering the amount of your medical bills.


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