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How much should i settle for in a medical negligence case?

Los Angeles, CA |

i paid almost $6000 to a laser hair removal spa and they failed to get results because of the low fluence settings and an inappropriate laser. they guaranteed the results and failed to deliver. i have pictures and my medical file to prove my case in small claims. it will cost money to correct the problem. they would want me to sign a confidentiality and non-disclosure agreement and stop further investigation through the board. how much should i ask? there were also additional side effects like increased hair growth because of the low settings.

Attorney Answers 3


  1. An online forum cannot give you such a specific answer. A very experienced med-mal attorney could look at your paperwork and medical records, interview you, and give you a range of values. If the lawyer made the contact, you would probably receive more. Good luck in resolving this.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  2. Unfortunately, nobody here can answer that question. There are too many factors that must be considered. You should speak with a local medical malpractice lawyer about it. He/she will also likely be able to secure a better settlement than if you handle it yourself.

    This response is not intended to act as legal advice. I am not licensed to practice law in any state other than the State of Illinois. No attorney-client relationship is formed until you sign an attorney-client agreement with my office.


  3. I agree with the other attorneys, but will add that you need to weigh the costs and benefits of moving forward with litigation. In a case like this, it wouldn't surprise me if the cost of pursuing your claim well exceeded the damages value of the case. Mal is very expensive and difficult to prove. Additionally, every procedure carries risks and I think it's highly unlikely they would guarantee the results - at least not in writing. Read through your records and I almost guarantee you that you signed a disclosure and assumption of risks. Nonetheless, a full analysis requires a comprehensive review of your records. Also be aware that claims for med Mal must be filed within one year in CA. For these reasons you should contact an attorney immediately if you really feel you have been harmed

    This answer is intended to provide general information only. It does not create an attorney client relationship nor should it be construed as legal advice or an opinion on specific situations. Donald A. Green is only licensed to practice law in California and Oregon.

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