AboutGlenn A. Dorfman Expertise Twenty-four years experience in personal injury, medical malpractice and medical product liability law. Practice currently concentrated on the diet drug (fen-phen) litigation. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation.
Question QUESTION: I received second degree burns on my face and ear after visiting a hair salon back on June 1st of this year. I was burned by the stylist after hot wax fell off the hot marcel iron and onto my face an ear. As of now i am in the middle of settling. Their offer as of now is $1500 based on the moderate medical bills and medical treatment i have received. My lawyer advised me to find out if the scar is permanent before agreeing to settle. It has now been almost 5 months and there is a scar still present. I have used cocoa butter, vitamin E, as well as Aloe Vera gel. It has not gone away,is this considered a permanent scar or should i seek the opinion of a medical professional who can tell me that? I don't want to waste my time and they tell me otherwise and i still have to pay for their services, but don't want to just settle for pennies either especially if the scar is permanent.
ANSWER: I guess this scarring must be so slight, so insignificant, that you haven't done the obvious first thing to do when such an issue arises. That would be, go to a plastic surgeon just for a consultation. It would probably cost $75. The plastic surgeon would be able to tell you whether the scar would ever go away by itself and what would be involved to make it go away by medical treatment or minor surgery. The information would be useful to you and by producing a brief report from the doctor, probably triple the value of the claim and what the salon is willing to pay you. At that point, if the salon does not change their position, you have the amunition you need for Small Claims Ct.
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QUESTION: My lawyer has found a plastic surgeon that they have used in many cases such as mine and she stated that she is "fairly optimistic" that he will give me a good report. My appoitment is on Tuesday. His fee to do this report is $650.00 which is why i was hesitant about going to see him. If it turns out that my settlement does not triple, i will be responsible for this fee that will ultimately come out of the settlement not to mention the third that the lawyer gets. I was wondering if it will be worth it in the end. My lawyer said that she could try and demand that the salon cover this as well but she didn't seem too sure if they would or not. The scar on my face is about 1 1/2 inches long and very noticeable, not at all insignificant. I wasn't aware that i should go to a plastic surgeon because i thought a regular dermatologist would suffice. Can the salon be responsible for these fees as well or am i stuck with having to pay them out of the settlement fee?
Answer The salon has no obligation to pay anything to you now and certainly not the cost of you getting a medical report. Even if you win the case, those costs are not recoverable. My advice is this: drop the lawyer, make your own appt with the plastic surgeon as if there isn't any claim involved. Ask what it would involve to revise the scar. While there, ask you could get just a little informal note as to the cost for the repair. Then sue in Small Claims for the max and bring that little freebie report with you. You could tell the doctor your plans. Nothing he would be getting involved in. Just like damage to a car where you get an estimate, do same with the doctor. Should be good enough as long as you would be satisfied with the maximum amount allowed in your local Small Claims Ct. Good luck
