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Jayne Patrick · Oct 26, 2006, 08:08 PM

Do I have any recourse (in Small Claims Court)? I wanted to look better (less tired?) for my son's wedding and made an appointment at a dermatologist's office to have cosmetic injections. I wasn't given any definite price before the injections, but discussion with her assistant led me to believe that the total cost would be in the range of $750 - $900 maximum.
As soon as I was seated in the treatment chair her assistant came in and began massaging my neck and shoulders. This REALLY relaxed me, to the point where I felt light-headed. After the doctor had given the injections that I had agreed to, she urged me to have more injections. I refused, and she continued to insist that I "needed" them. I continued to refuse, and finally she just gave me four or five additional injections. I protested, but was too relaxed and woozy to actually put up any physical resistance. Afterwards I had a big shock when I was handed a bill for $2500. I wasn't thinking clearly and I paid it with a credit card.
So basically I received injections that I said I didn't want, and (as I later learned) paid more than twice as much as I would have at other dermatologists for the same procedures. At first, the results looked OK. Then, after 4 - 5 days when the swelling went away, I realized that there was virtually no change at all in my appearance. Were the cosmetic filler products she used diluted, or expired? I have no idea. However, my husband did take pictures afterwards, and it's very obvious that there was no change or improvement. Being retired, and on a limited income, this hurts! Any point in my taking this further?

RichardBondMan · Oct 26, 2006, 08:11 PM

I suggest you consult with an attorney, too complicated for me, I don't like the fact that you paid for the services even though you said you didn't want them, stop pay on the credit card or protest the cards in writing until the issue is resolved one way or another.

Jayne Patrick · Oct 26, 2006, 08:22 PM

Thanks for replying. Unfortunately I can't afford to hire an attorney. I tried to stop the credit card payment. The credit card company ultimately decided that the billing was legitimate and said there was nothing they could do.

excon · Oct 27, 2006, 06:04 AM

Hello Jayne:

Who knows? You might find a sympathetic judge in small claims, and it's quick, cheap and easy.

However, I don't think you've got a case. You were relaxed - not drugged. You're an adult - not a child. You paid the bill, and said nothing. I don't think you've got a chance.

excon

ScottGem · Oct 27, 2006, 06:13 AM

This is also a case of he said-she said. You say you refused the additional injections, the doctor will say you didn't. Take a cue from the credit card company that investigated and found the charges valid.

If you want to bring a malpractice suit claiming the injections didn't do anything and being able to produce before and after pics, you might have a case there. But you NEED to consult an attorney. Most attorneys will give you a free initial consultation. Many will take a case like this on a contigency basis if they think they will win.

My question is, being on a limited income why would you even agree to spending $750 for such cosmetic treatment?

Fr_Chuck · Oct 27, 2006, 06:38 AM

The fact you sat there and got the injections says you agreed, had you objected enough you would have gotten up out of your chair and walked out.

Next you would have walked out of the doctors office without paying if you have not agreed to that price.

And of course there is no magic cure to look younger, and the injections ( depending on what type) often merely draw the skin up to a point to make it look smoother ** not you can also rub Preparation H on your skin and get a similar temp result I am told, ( models do that around their eyes often right before they go out.

And I don't believe any judge will believe a neck rub would make you lose your ability to make a good choice. ( sorry even I don't) I would believe that while you said no at first, you got caught up in the excitement and perhaps also in the doctor office experience and just keep sitting them and let them do it. Now after you got home and your husband had a real fit about the money you spent you had second thoughts.

You can try of course, you have little to loose but my opinion, there is no legal grounds since you did consent to the shots by sitting there and letting them happen, you were not given any drugs to make you not have rational choice. And most important, you never got a firm price, only what you thought it may cost.