Is it medical malpractice to switch a filler on me without consent? (Photo)

Last year I got Perlane done in a fanning technique done around my eyes to soften the wrinkles. I asked to get the same thing this year. This time I got a freaky cheekbone look. I am embarrassed of the results as I look distorted. I came back to get it dissolved and he told me I couldn't because he gave me Radiesse. Are they allowed to switch to a new filler without informing me? The consent I signed was for general fillers and not for Perlane or Radiesse specifically.

Doctor Answers 4

Is it medical malpractice to switch a filler on me without consent

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We are not attorneys on this forum. But common sense should prevail that if you in deed signed a "general fillers" consent than it would appear as you have no case, legally. Written consents/contracts take precedence over anything verbal. 

Filler Switch

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Although it is hardly ethical to switch one filler for another once a choice of filler has been established, I would recommend that you try to solve your dispute with your Surgeon prior to talking to an attorney. 

Stephen Prendiville, MD
Fort Myers Facial Plastic Surgeon
4.9 out of 5 stars 104 reviews

Is it medical malpractice to switch a filler on me without consent?

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If you signed a consent for filler without specifying which filler, you have consented for fillers. It would have been nice to know which filler you were receiving but that is unlikely to be considered malpractice.

Suzanne Kim Doud Galli, MD, PhD, FACS
Washington Facial Plastic Surgeon

Consent for fillers

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Many doctors use a general consent for all fillers because there are so many options and often, we do different fillers on a patient at different times. I don't ever switch fillers on a patient without them knowing though. That's not necessarily medical malpractice, but it's unethical and bad for business.

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