Can a medical lawsuit be a civil lawsuit?

[khalid]

I had cosmetic surgery in 2008 which wasn't correct (1st). I went through another surgery (2nd)by the same surgeon to correct it and he failed. I went through a reconstructive surgery (3rd) by a specialized surgeon at $30K to repair this doctor's failed repair.

10 days ago, I sent the first surgeon a certified letter, with documents and pictures of "his" work demanding a refund of the 2nd failed surgery which he charged me for, and i believe he knew it wouldn't repair it. I was only asking for the actual surgery cost of $2250.00, not charging the anesthesiology fees. I gave him 10 days to respond and today is day 10.

Can I sue him in civil court instead of actually suing him for medical malpractice. I don't think I can get a medical lawyer to represent me at such a low money request. I should ask for pain and suffering for living with the deformity for over a year but I didn't. Am I outta line or deserve this refund and can I file suit in my county.

Thanks in advance.

[dana]

I had cosmetic surgery in 2008 which wasn't correct (1st). I went through another surgery (2nd)by the same surgeon to correct it and he failed. I went through a reconstructive surgery (3rd) by a specialized surgeon at $30K to repair this doctor's failed repair.

10 days ago, I sent the first surgeon a certified letter, with documents and pictures of "his" work demanding a refund of the 2nd failed surgery which he charged me for, and i believe he knew it wouldn't repair it. I was only asking for the actual surgery cost of $2250.00, not charging the anesthesiology fees. I gave him 10 days to respond and today is day 10.

Can I sue him in civil court instead of actually suing him for medical malpractice. I don't think I can get a medical lawyer to represent me at such a low money request. I should ask for pain and suffering for living with the deformity for over a year but I didn't. Am I outta line or deserve this refund and can I file suit in my county.

Thanks in advance.

a small amount like that is usually dealt with in small claims courts. if you go to small claims, you're not allowed to bring in a lawyer, although you may have one help you construct your case beforehand. you could always consider bringing a regular civil suit for all of the damages you incurred as a result of the doctor's work. the case would be brought in your county or the county where the work occurred.

contact your county's bar association of a listing of attorneys and a consultation. they'll often give initial consultations for free or a low charge.