You may sue if you are injured due to a hair transplant and institutions that offer such services have certainly had to defend against lawsuits. But in order to succeed in a personal injury or medical malpractice suit you will have to prove that there was negligence on the part of service providers. So, the doctors or clinicians simply failing to generate a full head of hair for you, or otherwise falling short of desired results, will not be enough for you to succeed in a negligence suit.
What Does Injury Mean Here?
In the context of a hair transplant injury or malpractice suit, you need to show that the doctor or clinician breached a duty to you by treating you in some way that falls below the standard of care. Say the type of drugs the doctor used caused you to fall seriously ill and you were never warned of this possibility — that is a potential basis for claiming injury, and might be a valid claim even if the hair transplant worked.
Conversely, if you do not see the desired results from the transplant but everything went well otherwise, meaning you had no negative medical results or injury, a negligence or medical malpractice claim will fail.
Negligence — and its medical context cohort medical malpractice — are predicated on the principle that you are due a certain standard of care. When the service provider falls below the acceptable standard for their field and region, then torts law allows for recovery.
Breach of Contract Claims
But what if the problem is just that you were promised a full head of hair and you still don’t have one after paying for services? Then there may be some basis for a breach of contract claim, depending on the details of your contract.
If you signed a contract based on a promise that cannot be fulfilled, or if your doctor or clinician made false claims about their own credentials which induced you to enter into an agreement, consider a misrepresentation claim.
Consult With Counsel
If you have had a hair transplant or any other cosmetic medical procedure and are curious about potential claims, speak to an attorney. Without knowing the details of your experience, no one can tell you whether you have a claim. Consulting with counsel costs nothing and can lead to a recovery if you do have basis for a lawsuit.
- Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
- Medical Malpractice and Reform (FindLaw)
- Elements of a Negligence Case (FindLaw)
- Standard of Care and the Reasonable Person (FindLaw)
Originally Seen On: http://blogs.findlaw.com/injured/2015/12/can-you-sue-for-failed-hair-transplants.html