Hi I had fat grafted and had a post op massage the therapist was so dumb and didn’t listen to a word I said she squeezed fat out and now I have to do the operation all over again the business should be suied I will need time off of work and to pay for medicine and other stuff plus I’m British when I come to USA I have to stay in hotel!
This is not a trademark question. I am moving it to personal injury.
Please note: This answer is not intended and should not be considered as legal advice. Such professional advice requires full disclosure to an attorney of a client’s circumstances and that attorney’s opportunity to analyze those circumstances against applicable law.
Generally speaking, yes you may have a tort claim. A few concerns I would have if you walked into my office: Does the massage therapist operate independently? Is she bonded or insured? If not, does she have a penny with which to make you whole if you sued and won? If you sue her, is she going to claim that you never said a word about your operation, and can you prove otherwise? Is her insurance company going to put a doctor on the stand in her defense to claim that you should never have gotten a massage in your post-op condition?
These are all questions that I cannot answer but you should consider as you debate your next steps.
All views expressed are general opinions and do not constitute legal advice. No attorney-client relationship is established unless and until a signed retainer has been executed by the attorney and the client. You should not rely upon any opinion expressed as legal advice and should seek the advice of an attorney of your own choosing.
My concern would be why would you go to a beauty salon to get a massage in a post-operative condition suggest this?
I'm having trouble reconciling "post op massage" and "therapist" with "beauty salon". Is this type of therapy normally carried out at a beauty salon, or are they oriented to general massage, with post-op therapy being limited to a therapeutic massage practitioner? They may be liable for taking on work that they were not competent to perform, particularly if they told you they were qualified in this area. You will need to retain a lawyer for this.
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