IS MY COMPLAINT FOR BREACH OF CONTRACT ENFORCABLE?

(Plz don't use all caps; it's rude.) The consideration for the refund was your agreement to "discharge" yourself from his practice. I am not sure what that means, but it is a change of position on your part, which is all that is required in most states to constitute consideration, creating a valid and enforceable contract. Your oral contract should be enforceable, if you can prove it. Your word against his. FEEDBACK: Both and other readers are interested in your feedback on the quality of the answers. Plz check the “thumbs up” symbol if you find an answer helpful or the “thumbs down” symbol if not. DISCLAIMER—This answer is for informational purposes only under the system, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship. I am admitted only in California. (Bryant) Keith Martin sbbizlaw.com

Afterthought: Even if the oral contract is invalid or unproveable, you can still sue him for malpractice on the "botched surgery." His offer to refund his fee is a declaration against his interest and hence tends to prove that he knew he had been negligent in doing the surgery. You can probably recover more on the malpractice claim than a mere refund of his fee. If you are out for revenge, the malpractice claim may cause his malpractice insurance cost to increase as well. FEEDBACK: Both and other readers are interested in your feedback on the quality of the answers. Plz check the “thumbs up” symbol if you find an answer helpful or the “thumbs down” symbol if not. DISCLAIMER—This answer is for informational purposes only under the system, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship. I am admitted only in California. (Bryant) Keith Martin sbbizlaw.com

I share my colleague's aversion to the "shouting of your all caps query. PLease don't do that. Your release of liability, that you incorrectly refer to "discharging yourself from the practice" is consideration for the refund. I suppose if the amount promised to be refunded was reduced, youc ould reduce the scope of your release, but no lawyer can analyze your contract question without examining the language of your contract and release. See a lawyer for help. Disclaimer: I'm only licensed in CA. Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

Not real sure why California is answering in Colorado - maybe its that California has lots of plastic surgery? Anyway, the answers above really don't suffice in Colorado. Your issues are: 1) If you didn't sign anything with the doctor and the doctor botched the surgery, then in colorado the doctor cannot keep any money you paid for the procedure. 2) "Botched" is a tricky concept. If you asked for your ears to be pinned back, and the before and after photos show no change, that's botched. But I'm sure the release you signed for the procedure told you that results vary, so you may have an issue on whether the doctor agrees that the result was not only something you are not happy with, but a result that actually falls "below the standard of care due to you in the community." That's the test for malpractice. And any claim of a botch is essentially a malpractice claim. 3) Breach of contract in this case is an interesting choice of claims. Normally "botched" would mean a malpractice claim. In Colorado, the elements of a claim are tried as the recognized claim they mostly closely resemble. If the doctor admitted that he "botched" it (and you can prove he did admit) then you probably have no issue about the standard of care and you can proceed with a contract claim. If there is no admission then you have a standard of care issue and in Colorado, I think the claim has to proceed as a malpractice claim. This is important because unless the "botch" is so obvious that a layman can see the result and say "botched" without the assistance of an expert, you have to have an expert witness (doctor) to say it was botched. For example, in legal malpractice the failure to file a claim before the statute of limitations runs is a malpractice not requiring an expert. But an argument that the result should have been "better" than it was, requires an expert. I believe that you should consult an attorney experienced in medical malpractice. Most such attorneys will give you a free consultation to discuss whether you have a real malpractice claim and, equally importantly, whether you have damages beyond the fee you paid. In this case, since you seem to be mostly interested in the fee, I guess the result was not something you can't live with, therefore a newer sole practioner attorney is much more likely to sit down and discuss the matter with you than one of the mills that advertises on TV (they are looking for the case where the result was 3 nostrils). Some attorneys sell unbundled legal services where you pay for just what you need and can afford. For example, some attorneys will give you an hour or two at a set price to review your issue and give you advice based on the law, prepare letters for you to sign, or sell the paperwork for the court filings; then you can proceed on your own, but knowing that your paperwork is correct and having a road map as to how to proceed. Or who will attend a hearing for a flat fee. Neighborhood Law Office is a law firm offering unbundled legal services. jim [email protected] NOTICE— The Legal Information contained in this answer is provided solely for informational purposes to assist the layperson in understanding general legal concepts and terms, it is not legal advice nor does it create an attorney-client relationship between you and me or my law firm. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue. Becasue the format is limited, all facts necessary for complete advice are not available, therefore the information provided is merely a starting point. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.