Legal Question in Business Law in California

I decided to get a liposuction, and I was told that it was going to be a certain doctor who would do my procedure. I never met him before the procedure, but they gave me his name. I went home to look his history and experience, and I was very happy with it. Then I had to reschedule my surgery for health reasons. I appeared on the new day for surgery, and I got my procedure done. After a month, when I went for my follow up appointment, I found out that it was not the doctor I was told that was going to operate on me. This doctor was a doctor who was a general surgeon with a license to perform laser Liposuction, and the doctor that was supposed to operate on me was a plastic surgeon. No one notified me beforehand that I was going to be operated on by this new doctor. And when he introduced himself, I believed that his last name was his first name, so I was confused. I am very upset by the lack of professionalism they had.

Do I have a case?


Asked on 6/08/10, 4:41 pm

3 Answers from Attorneys

It just so happens that my personal partner is a plastic surgeon, so I ran this one by her. She agrees that it is very deceptive what was done to you, but she says it is not at all uncommon in "quick lift shops." She said that it was probably in your consent forms that the procedure could be performed by any doctor in the group, and that any statements about which doctor would would perform the procedure were advisory only and not binding, or something to that effect. If her guess is correct, then you don't have any case. You should read all your paperwork very carefully especially anything that refers to consent. If there is nothing in there permitting them to substitute doctors, then you may have a case.

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Answered on 6/08/10, 11:09 pm
Kevin B. Murphy Franchise Foundations, APC

The other attorney is right on point here. Check the consent form you signed. It ivery likely provides the procedure can be performed by anyone in the group. If it doesn't, you may have a case. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 6/09/10, 6:41 am
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Exactly what is it that you claim the doctor did wrong? What was their medical mistake? From what you have said, my guess is that the doctor did not do anything wrong and you are just looking for a quick buck. If you were physically harmed in some way then you may have a claim; otherwise grow up and get a life.

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Answered on 6/09/10, 9:25 am


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