Can I sue my plastic surgery firm for Damages?

Asked over 4 years ago - Los Angeles, CA

The Doctor performed the surgery while I had the flu. I had high fevers and had difficulty breathing with the bandages. So I had to take the bandages off as soon as possible. My implants didn't heal well. So he performed a second surgery to to correct the 1st problem. When he performed the second surgery, he created a big scars that look awful. The breast implant size is too big for my body. Since, I am tall and lean. I also have capsular contraction. All of these prevent me from being intimate. This also has brought emotional issues of loneliness, depression and suicidal thoughts. This surgery happened about 8 years ago. The doctor had cancer and died a couple of months after he performed my surgery, but the practice that he worked for is still in business. What shall I do?

Attorney answers (3)

  1. Pamela Koslyn

    Contributor Level 20

    Answered . If this all happened 8 years ago, the statute of limitations has expired on any claim you had for malpractice against thsi doctor. Such a claim would require you to plead and prove that this doctor's work fell below the standard of care, which means that other doctors wouldn't have done what he did, or would have done what he didn't. It's hard to know whether your illness during the surgery and your removal of the bandages so early and your choice of breast size affected the doctor's performance and/or your healing. But at any rate, you've waited too long to pursue any claim you might have had.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

  2. Gary Edwin Haslerud

    Pro

    Contributor Level 12

    Answered . I agree with the prior response. Based on the limited information provided it does appear that your statute of limitations expired quite some time ago.

    Disclaimer: This answer does not constitute legal advice, and should not be relied on. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all of the the facts and rrelevant material.

  3. Melvin C Belli

    Contributor Level 8

    Answered . The statute of limitations or time within which you must file a lawsuit in California for medical malpractice is three years from the date of the act or 1 year from when you should have reasonably suspected that malpractice had been committed whichever is shorter.
    The statue is lengthened if you were still treating with the doctor or they concealed it by fraud.
    In your case seems like the statute of limitations has long expired.
    Sorry but good luck to you.

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