I went to a Medical center that advertised tattoo removal online by injecting a solution under the skin to excavate the ink and was also advertised by being performed by only medical doctors and dermatologists. It did not work for me and I received horrible scars. The person who did the procedure only worked for a doctor and has no medical license and is not a nurse. I never met or was examined by the "Doctor" and after I emailed him my situation and sent him pictures he told me that I was not a good candidate and there is nothing more he can do and is refusing to give me back my money and refusing to answer my question on what I was injected with. Apparently, this is a procedure from England and he has no real knowledge of it either. What can I do?
I am not licensed in your state. I am licensed in CA.
I respond to offer some general feedback. First, I'm very sorry to hear about this occurrence.
I suggest you contact medical malpractice attorneys in your state to learn the full scope of your rights. The situation you describe sounds very upsetting.
Generally, in medical malpractice cases, the plaintiff would need to prove that a medical provider's negligence caused their injuries. Your state may may require a particult level of injury before you are able to recover for medical malpractice. You can consult with a local attorney to learn more.
Most states allow for recovery under a theory of respondeat superior. This means that if an employee was performing work under the direction and control of their employer and they cause an injury to another during the course and scope of their employment, their employer may be held liable for the resulting damages. Most likely, if you did have a claim against the person that injected the solution, you would also have one against the doctor's office where the procedure occurred. Of course, you would need to confirm this with a local attorney.
I would look closely at two areas: 1) whether the doctor's office was negligent (whether their services fell below the standard of care) and 2) whether they received your "informed consent" prior to performing the injection procedure. Did you sign a release showing you received enough information to make a decision to go forward with the tattoo removal procedure?
Do not consider my answer as legal advice. My answer involves my thoughts on the facts you posted. My feedback is limited to a solid recommendation that you contact a medical malpractice attorney in your area to learn what options may be available to you.
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That certainly sounds like medical treatment which should be provided by a licensed healthcare provider. If this is a licensed clinic there has to be a medical director. That information is easy to obtain. You are lucky not to have sustained damages worse than the scar. I don't know how bd the scar is, but bringing a claim in Florida against the doctor running the clinic will require expert review and expenses which might exceed what could be recovered. You can also report the doctor and the clinic to the Florida Board of Medicine and the Agency for Healthcare Administration
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