If I have signed a form and received a reimbursement of the cost I paid for a cosmetic procedure, does that mean I can no longer go back and get the fees for revisions now needed?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I have signed a form and received a reimbursement of the cost I paid for a cosmetic procedure, does that mean I can no longer go back and get the fees for revisions now needed?

I had cosmetic surgery. I had upper eye lift and face lift. After surgery, my eyes kept ripping open causing me to have several procedures to try and fix the situation. The surgeon kept saying it would be ok, but after a couple years, it’s not. With the facelift, the scarring – which was supposed to be undetectable – is pretty bad. Also, the procedure was not successful because, although I was told I was getting a full facelift, it seems that I got something called lifestyle lift. I asked for a refund of the cost of the surgeries and it was granted.
Now I am working with another plastic surgeon and he is appalled by the scarring and overall ‘work’ the other doctor did. I am finding that the cost of getting scar revision is going to be quite high. My new plastic surgeon will not even touch my eyes. He said I will just have to live with those scars because there’s not anymore skin to work with.
Since I signed a form when I received my refund of the cost of the surgery, does that mean I am no longer able to go back and ask for the cost of revisions?

Asked on August 18, 2017 under Malpractice Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends what the form you signed said. People can, and often do, sign or contract away their right to sue in exchange for a payment; for example, most settlement agreements in accident cases, or separation and release agreements in possible wrongful termination situations, include provisions or terms that in exchange for the money (e.g. a settlement or severance), the person gives up the right to sue. If the form you signed states that in exchange for the refund, you cannot sue, or that you give up or waive all claims, or that the refund in satisfaction in full of any claims you may have, then in signing the form and taking the money, you gave up  your right to sue. If you're not sure what the form says, bring it to attorney to review with you.


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