asking for “a refund” from original surgeon after exchanges proved correct vision

Posted , 4 users are following.

so i've contacted a medical malpractice attorney. and although it sounds like i have a case, the end results may not be beneficial to me. the attorney suggested i send a letter with the results of exchanged surgeries and ask to be refunded.

anyone else have experience with not going after a malpractice suit, but getting their money back from original surgeon??

0 likes, 9 replies

9 Replies

  • Posted

    because attorney fees so costly if in your shoes i would at minimum hire lawyer to send a legal letter to demand refund. Might work.

    But i would go through small claims court and get whatever you can get back through that process. There is usually a cap on what you can claim but it's better than nothing.

    Very frustrating for you knowing what that surgeon did and put you through. Sure hope he had the decency to refund you.

    • Posted

      hi sue.an

      this is a malpractice suit and can only go through malpractice case, small claims will not accept it

      here in florida, malpractice is capped at $250,000. the attorney i spoke to said, although it sounds like i have a case, it would take years to prove it. $10-$15k retainer would be eaten up with an expert witness, etc. BCBS would be compensated first. in the end, the attorney said i would not have enough "damages" to have a profitable outcome . so i asked what he suggested, a letter to dr. i asked what the letter should say, he was vague, but to use filling a complaint to the state medical board as a tactic. i asked if having an attorney help with the letter would be best. his reaponse, "then you have to pay a lawyer". in laymans terms, he was not interested.

      so im considering posting my video of exchange on youtube as a private viewing, and including the link to my original surgeon, the surgical center, and the state medical board. it isnt slander, but proof that he made a mistake.

      im concerned with writing the letter by myself, and creating more problems by using a "tactic" to get money back

      i hope im not getting paranoid over it haha

    • Posted

      It may be different in USA vs here in Canada. Is there a category you can sue in small claims court that would be for shoddy work that you had to pay another surgeon to undo and re-implant lenses? IE don't sue for malpractice but for a job not done correctly. Often the small claims court will look over your documentation and let you know if you have a case.

    • Posted

      all i can reiterate is what the attorney told me. this falls under malpractice so i can only file a malpractice i can not go to small claims against a dr thats what attorney said to me regarding my issue

    • Posted

      also, its by state not USA.

    • Posted

      That seems a shame Julielyn. With that kind of expense to an individual makes me wonder how your doctors are held accountable.

  • Posted

    julielyn: you may want to consider writing a letter to the state professional association that your Doctor belongs to. They likely have a peer review process and you can request arbitration based on the experience that you describe. You won't need a lawyer to do this. Just say in your own words what happened and request a refund amount that you think is equitable. I had a similar experience with another medical professional and was able to recover 75% of my cost for a botched procedure. Just research what associations your doctor is a member of and send the request for arbitration to them.

    Good Luck.

    • Posted

      Feel you deserve compensation Julielyn and hoping this or another process will compensate you for the added expense you've had to bear. Seems very unfair. Thankful you have a happy outcome. Would be 10x worse if what that doctor did to you was irreversible.

      Good luck!

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