What is the chances of winning a small claims agaisnt a plastic surgery proceedure that caused damg. and no results occurred?

Asked almost 2 years ago - Sacramento, CA

went and had smart-lipo and there was no effect.my measurements are still the exact same and the agency did no alterrations on area that were paid for.

Attorney answers (3)

  1. Jeffrey Wayne Rickard

    Contributor Level 8


    Lawyers agree

    Answered . It is impossible to assess your chance of winning. What is more likely is that the costs to pursue the matter will exceed the maximum you can recover if you are successful in Small Claims Court.

  2. Ajay Mohan Kwatra


    Contributor Level 15


    Lawyers agree

    Answered . Not good.

  3. Jeffrey Ira Schwimmer

    Contributor Level 19


    Lawyers agree

    Answered . What you describe is not a medical malpractice claim since there was no injury caused you by the doctor. What you are talking about is technically a "breach of contract" action - you did not get what you paid for and what was represented that you would get for the fee you were charged. To "win" this case, you would realistically need an "expert", that being another plastic surgeon, to attest to the failure of the first procedure to give you what you paid for. Depending on how much money is involved, it probably isn't worth the time, expense or effort .

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