I went to a Dermatologist to ask about fillers in the creases from the corners of my mouth to my chin. I was told fillers wouldn't do any good, that to see the biggest differences I would need a lower face lift (MAC-Lift). I said I didn't want any surgery. The doctor said let me show you. He put a large mirror in front of me, pulled one side of my lower face/neck smooth. He said he could do this with just a small incision in front of my ears. I said if he could do that with a small incision, I would agree to it. My daughter & a nurse were present & there are doctor notes, stating no to the fillers, lower facelift would make biggest difference & with just a small incision in front of both ears.
I had the surgery. The small incision was in front of my ears & up into my hairline near my eye pads. After several checkup within 2 months after this surgery, the lines from my mouth to my chin were still there. The doctor then said I needed fillers, which is what I originally went to see him for. With my daughter & a MA in the room, I agreed to the fillers. The doctor injected Raidesse fillers into both sides of the creases from my mouth to my chin. He then asked my daughter, if she thought he should inject another set of Raidesse. She said you are the doctor, you do what you thing is best. He the started to inject me on my left side crease. Immediately, he put his fingers inside my mouth and started to press, push & manipulate outside & inside of my mouth. My lower face swelled up, turned black & blue & just the left side of my lower lip swelled up. He said everything was good, the swelling & the black & blue would go away in a few days. 2 weeks later most of the swelling/black & blue went away except for my lip. The filler had harden into a rock in my lip. He finally had to remove it with surgery, leaving me with a 1/2 inch hole & stitches in my lip. The hole finally closed up but, there was still a small harden piece filler left in my lip & my lips were uneven. The doctor said he could remove it with another surgery or leave it & it would go away eventually. He also said (and this is in his notes on my chart) that as long as I don't open my mouth, no one can really see the lump. He also implied that I moved my muscles which caused the filler to move to my lip. Not possible according to the company who makes Raidesse.
I was very upset. I said I didn't want anymore surgeries. I had enough pain, suffering & embarrassment & I still had the creases lines on both sides of my mouth to my chin. Only now the crease on the left side is even deeper then it originally was. I asked if I could have a credit for an non-invasive treatment such as Thermage or Faxel , which cost about $900.00. He said we don't guarantee perfection & offered me a $300.00 credit. I asked again & he repeated he would give me a $300.00 credit and that's the best he can do.
I paid $6850.00 for all of this. I now want to sue him for the for the total amount I spent & my pain & suffering. I want to sue for $7500.00. So do I have a chance in small claims court?

No. A SMALL CLAIMS COURT is just that. The amount of $ 7500.00 exceeds the limits for a small claim court by far. Get yourself a good lawyer if you want to see back part of the money you paid in for that medical charlatan !

Limits for each state

How Much Can I Sue for in Small Claims Court? (http://www.nolo.com/article.cfm/objectId/ADF1FA1B-C67D-4B95-AD615532C3AE0862/catID/D80CF756-DBF6-432D-B625E7D1A29183D0/104/308/273/ART/)

The amount of $ 7500.00 exceeds the limits for a small claim court by far.

You need to check your facts. The limits on small claims courts varies from state to state and has been getting higher in recent years.


I now want to sue him for the for the total amount I spent & my pain & suffering. I want to sue for $7500.00. So do I have a chance in small claims court?

Why use small claims court? If you have a valid malpractice case (and it appears you might), then go to a lawyer and do it right. In a case like this a lawyer will take it on a contingency basis where you don't pay unless you get a settlement or win.

You may have a malpractice case for the filler. You agreed to the surgery, so I don't see a case there. In the fine print that you probably signed, there is probably a statement to the effect that "results are not guaranteed", especially in the case of plastic surgery. The hard part in this situation is whether what happened to you with the filler is just an unfortunate side-effect, or if it was caused by something that the doctor did. Actually, I just read the labeling for Radiesse, and it states that there is the possibility of getting "nodules", especially if used in the lips. So the question would become whether he actually injected it in the lip or not. The other results (swelling, bruising) seem to be pretty much in line with the trial results.

I went to a Dermatologist to ask about fillers in the creases from the corners of my mouth to my chin. I was told fillers wouldn't do any good, that to see the biggest differences I would need a lower face lift (MAC-Lift). I said I didn't want any surgery. The doctor said let me show you. He put a large mirror in front of me, pulled one side of my lower face/neck smooth. He said he could do this with just a small incision in front of my ears. I said if he could do that with a small incision, I would agree to it. My daughter & a nurse were present & there are doctor notes, stating no to the fillers, lower facelift would make biggest difference & with just a small incision in front of both ears.
I had the surgery. The small incision was in front of my ears & up into my hairline near my eye pads. After several checkup within 2 months after this surgery, the lines from my mouth to my chin were still there. The doctor then said I needed fillers, which is what I originally went to see him for. With my daughter & a MA in the room, I agreed to the fillers. The doctor injected Raidesse fillers into both sides of the creases from my mouth to my chin. He then asked my daughter, if she thought he should inject another set of Raidesse. She said you are the doctor, you do what you thing is best. He the started to inject me on my left side crease. Immediately, he put his fingers inside my mouth and started to press, push & manipulate outside & inside of my mouth. My lower face swelled up, turned black & blue & just the left side of my lower lip swelled up. He said everything was good, the swelling & the black & blue would go away in a few days. 2 weeks later most of the swelling/black & blue went away except for my lip. The filler had harden into a rock in my lip. He finally had to remove it with surgery, leaving me with a 1/2 inch hole & stitches in my lip. The hole finally closed up but, there was still a small harden piece filler left in my lip & my lips were uneven. The doctor said he could remove it with another surgery or leave it & it would go away eventually. He also said (and this is in his notes on my chart) that as long as I don't open my mouth, no one can really see the lump. He also implied that I moved my muscles which caused the filler to move to my lip. Not possible according to the company who makes Raidesse.
I was very upset. I said I didn't want anymore surgeries. I had enough pain, suffering & embarrassment & I still had the creases lines on both sides of my mouth to my chin. Only now the crease on the left side is even deeper then it originally was. I asked if I could have a credit for an non-invasive treatment such as Thermage or Faxel , which cost about $900.00. He said we don't guarantee perfection & offered me a $300.00 credit. I asked again & he repeated he would give me a $300.00 credit and thats the best he can do.
I paid $6850.00 for all of this. I now want to sue him for the for the total amount I spent & my pain & suffering. I want to sue for $7500.00. So do I have a chance in small claims court?


Malpractice is just what it's called - YOU as the patient have to prove that the Doctor did something contrary to current medical practices or didn't do something that he/she should have done in accordance with current medical practices - in a nutshell, made an error of some sort - in order to collect damages and/or pain and suffering.

You might be able to go to Small Claims Court, depending on the dollar amount in your jurisdiction, but you have a heavy burden of proof and would need an expert witness.

A bad surgical result is not necessarily malpractice. It's a difficult concept but that's the reason medical malpractice is so hard to prove, particularly when plastic surgery is involved.

I would consult with an Attorney who specializes and have him/her review the files and the photos and the testimony and then decide how to proceed.