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Report: #1152824

Complaint Review: Carlotti Cosmetic Surgery Center - Scottsdale Arizona

  • Submitted: Sat, June 07, 2014
  • Updated: Sun, June 08, 2014
  • Reported By: M J — Arizona
  • Carlotti Cosmetic Surgery Center
    7930 e thompson peak pwy
    Scottsdale , Arizona
    USA
  • Phone: 480)947-7700
  • Web:
  • Category: Doctors

Carlotti Cosmetic Surgery Center Michelle Cabret-Carlotti & Albert Carlotti SUED for FRAUD, DECEPTION, ACTING W/ THE INTENT TO INJURE, MISREPRESENTATION and more Scottsdale Arizona

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First off I would like to confirm that I am not Sherry P and I am not affiliated with her in any way, shape or form.  I am another unhappy customer of the Carlotti Center.  I have tried multiple times to get assistance when I needed it and I have tried many times to get an honest answer about the qualifications, certifications, experience and education of both Michelle and Albert Carlotti.  I feel I was unable to get a clear or honest answer and was met with what I feel was high hostility, avoidance and unprofessionalism by staff at the Carlotti Center.  I have also been personally left feeling threatened and attacked by Michelle C. online after I posted truthful and honest reviews of my experience.  Suspiciously, after the attacks and threats, my reviews have been removed from consumer related sites - which I feel leaves unsuspecting past, current and potential patients at risk as they are unable to make an honest and educated opinion based off of honest experiences.
 
Although these doctors claim to have no active lawsuits against them, it does not change the fact that they have been party to over 40+ lawsuits over the years.  Please check all courts of Arizona for confirmation as the majority of the lawsuits are public record and available to the general public upon request.  
 
Please be careful when selecting the right surgeon for yourself and your needs.  I would hate to have anyone else go through the emotional trauma that I have had to deal with as a result of me selecting to engage with the Carlotti Center and Michelle C.
 
One particular lawsuit that I found to be extremely eye-opening and worth mentioning in order to help other make an honest and educated decision when selecting the surgeons for their needs is one where Michelle Cabret-Carlotti and Albert E. Carlotti, III were sued for FRAUD, MISREPRESENTATION, DECEPTION, ACTING WITH THE INTENT TO INJURE anymore allegations. They lost the lawsuit and were ordered to pay the Plaintiffs a significant settlement.  The details are as follows (again, all are public record through the Superior Court of Arizona)
 

SUPERIOR COURT OF ARIZONA:  CASE NUMBER: CV 2007-010799

 

PLAINTIFFS: Lauretta & Michael M*****

DEFENDANTS: Desert Palm Surgical Group, Michelle L. Cabret-Carlotti, Albert E. Carlotti, III

 

VERDICT & RULING: JUDGE RULED IN FAVOR OF THE PATIENT

PLAINTIFFS AWARDED JUDGEMENT against Defendants DPGS; MICHELLE L. CABRET-CARLOTTI; and ALBERT E. Carlotti, III as follows:

1. The "Financial Agreement" signed by Plaintiff is hereby declared to be unenforceable

2. DEFENDANTS ORDERED TO IMMEDIATELY RETURN $24,050 prepayment to Plaintiff

3. Plaintiff is AWARDED of prejudgment interest at the rate of ten percent per annum on the $24,050 from the date the Plaintiff cancelled the scheduled procedure on January 2, 2007

4. Plaintiff are AWARDED THEIR ATTORNEY FEES and ASSOCIATE EXPENSES INCURRED IN THIS MATTER from the date Plaintiff cancelled the scheduled procedure, in the amount of$47,889.77

 

GENERAL ALLEGATIONS

6. Desert Palm Surgical Group (DPSG) provides maxillofacial and cosmetic surgery services in addition to various skin care services such as, but no limited to, chemical peels, microdermabrasion and facial massage. THE CARLOTTIS AT ALL TIMES RELEVANT TO THIS COMPLAINT HELD THEMSELVES OUT AS HAVING EXPERTISE IN RECONSTRUTIVE, AND COSMETIC FACIAL AND BODY SURGERY.

7. Ms. M***** went to DPSG in late 2004 or early 2005 for skin care services, including microdermabrasion

8. In November 2005, Ms. M***** made an appointment with Dr. CABRET-CARLOTTI to discuss possible surgery involving her neck area. At this consultation, Dr. CABRET-CARLOTTI RECOMMENDED that the Ms. M***** undergo an ENDOSCOPIC BROWLIFT, an UPPER LID BLEPHAROPLASTY, FACE and NECK LIFT, TCA PEEL and CHEEK IMPLANTS for a total of $16,672.50

9. Ms. M***** considered procedures and decided not to have them done

10. About a year later, Ms. M***** again consulted with Dr. CABRET-CARLOTTI, who RECOMMENDED that, in ADDITION to the above services, to also undergo a PERIORBITAL LASER and LIPOSCULPTURE of her BACK, FLANKS and ABDOMEN, for a total price of $24,300

11. Ms. M***** discussed the RECOMMENDED surgical procedures with her husband and he becameCONCERNED about the EXTENT of the PROCEDURES and the CARLOTTIS EXPERIENCE and TRANING

 

12. In December 2006 both Ms. M***** and Mr. M***** went to Desert Palm Surgical Group ((Now called Carlotti Cosmetic Surgery Center)) for an appointment with DEFENDANT CABRET-CARLOTTI

 

13. At this visit, Mr. M*****, who wasCONCERNED about DEFENDANT CABRET-CARLOTTIS QUALIFICATIONS and EXPERIENCE, asked Dr. CABRET-CARLOTTI about her PLASTIC SURGERY EXPERIENCE and her EXPERTISE IN THESE TYPES OF PROCEDURES

 

14. DEFENDANT CABRET-CARLOTTIRESPONDED THAT SHE HAD BEEN A SURGEON FOR MORE THAN 20 YEARS AND THAT SHE DOES THESE TYPES OF PROCEDURES"ALL THE TIME"

 

15. Mr. M***** also told DEFENDANT CABRET-CARLOTTI that he had heard there were TWO TYPES of PLASTIC SURGEONS, ones with SURGICAL TRAINING that COULD PERFORM SURGERIES in a HOSPTIAL and OTHERS WITH LIMITED TRANING that could PERFORM PLASTIC SURGERY in an office setting, and he wanted to make sure that she was not the latter

 

16. DEFENDANT CABRET-CARLOTTIANSWERED THESE QUESTIONS and MADE OTHER STATEMENTS, all of which lead the M******s to BELIEVE THAT DEFENDANT CABRET-CARLOTTI WAS "CERTIFIED" TO PERFORM PLASTIC/COSMETIC SURGERY, THAT SHE HAD THE HIGHEST LEVEL OF TRAINING POSSIBLE, and THAT SHE HAD MORE THAN 20 YEARS EXPERIENCE WITH THESE TYPES OF PROCEDURES

 

17. The M******s justifiably relied on the representations by DEFENDANT CABRET-CARLOTTI in agreeing that Ms. M***** would go forward with the surgery. Patient, who already paid some deposits, then paid the balance of $23,000-plus on or about December 12, 2006

 

18. Pursuant to DPSGs written Financial Agreement, patients undergoing cosmetic surgery were required to prepay the entire price three weeks prior to the surgery. The Financial Agreement stated, "This payment is also non-refundable, but it is transferable to a later date for up to six months if your surgery is cancelled due to documented personal medical emergency only. If your surgical procedure needs to be rescheduled within two weeks prior to your scheduled date you will be required to pay a non-refundable rebooking fee. There will be no exceptions made" A true and correct copy of the Financial Agreement is attached as Exhibit "A."

 

19. Ms. M******s surgery was scheduled for January 18, 2007

 

20. Upon information and belief, the principle surgeon was to be ALBERT CARLOTTI, III, M.D., whom the M******s had never met

 

21. Ms. M***** then learned from discussions with others that the DEFENDANTS CARLOTTIS were NOT BOARD CERTFIFIED PLASTIC SURGEONS, that CABRET-CARLOTTI did NOT have 20 years experience (and had not even graduated from medical school until 1999), that BOTH DOCTORS were PRIMARILY DENTAL and MAXILLOFACIAL SURGEONS, and that MOST BOARD-CERTIFIED PLASTIC SURGEONS WOULD NOT BE WILLING TO PERFOM ALL OF THE PROCEDURES RECOMMENDED BY DEFENDANT CABRET-CARLOTTI IN ONE SURGICAL SESSION

 

22. The M******s also later discovered that DEFENDANTS CABRET-CARLOTTI and CARLOTTI DO NOT HAVE THE TYPE OR LENGTH OF TRAINING NECESSARY TO BE ELIGIBLE TO BECOME BOARD-CERTIFED PLASTIC SURGEONS

 

23. Upon information and belief,NEITHER OF THE CARLOTTIS HAD PRIVELEGES TO PERFORM TRADITIONAL PLASTIC OR COSMETIC SURGERY (such as a facelift) IN A HOSPITAL

 

24. Upon Learning this, Ms. M***** called DPSG on January 2, 2007 to cancel her surgery

 

25. During the January 2, 2007 telephone conversation, Ms. M***** was told that her payment would ONLY be refunded if she produced a doctors note providing a medical reason for canceling the surgery

 

26. Ms. M******s physician sent a letter to the Defendants stat that, for various reasons stated in the letter, "IT WOULD BE ILL ADVISED TO PROCEED WITH ANY ELECTIVE SURGERY AT THIS TIME."

 

27. Desert Palm REFUSED to return the prepayments

 

28. ARIZONA PROHIBITS PHYSICANS FROM OBTAINING A FEE BY FRAUD, DECEIT OR MISREPRESENTATION. Moreover, it is UNPROFESSIONAL CONDUCT for a physician to represent or hold oneself out as being a medical specialist when such is not a fact

 

 

COUNT ONE: FRAUD/FRAUDULENT INDUCEMENT

30. For purpose of inducing Patient to pay the balance of more than $23,000, DEFENDANT CABRET-CARLOTTI FALSLY REPRESENTED TO THE M******s that SHE HAD MORE THAN 20 YEARS OF EXPERIENCE PERFORMING THESE TYPES OF SURGERIES, THAT SHE HAD THE HIGHEST LEVEL OF TRANING IN THE INDUSTRY, and that SHE WAS PRIVILEDGED TO PERFORM PLASTIC SURGERIES IN A HOSPITAL SETTING

 

31. CABRET-CARLOTTI knew that her representations regarding her experience, her training and her privileges were FALSE. Alternately, she made FALSE REPRESENTATIONS RECKELSSLY and WITHOUT REGARD FOR THEIR TRUTH OR FALSITY

 

32. CABRET-CARLOTTI intended that the M******s RELY ON HER FALSE REPRESENTATIONS, and they did so, in the manner contemplated or intended by Cabret-Carlotti, by paying the $23,000-plus balance remaining for the RECOMMENDED SURGERY

 

33. The M******s were ignorant to theFALSITY of DEFENDANT CABRET-CARLOTTIS REPRESENTATIONS, and their reliance thereon was reasonable in the circumstances

 

34. As a DIRECT and PROXIMATE RESULTS of DEFENDANT CABRET-CARLOTTIS FRAUDULENT REPRESENTATIONS, the M******s have incurred and paid other amounts, including (but not limited to) the attorneys' fees, costs and other expenses incurred.

 

35. By DEFRAUDING the M******s,DEFENDANTS ACTED WITH THE INTENT TO INJURE THEM or, alternatively, CONCIOUSLY DISREGARD THE RISK THAT THEIR ACTIONS WERE LIKELY TO CAUSE SUBSTANTIAL HARM TO THE M******s. In the circumstances, the M******s may be entitled to recover punitive damages from the Defendants.

 

 

COUNT TWO: CONSUMER FRAUD UNDER A.R.S. 44-1521 et seq

38. DEFENDANT CABRET-CARLOTTIverbally used DECEPTION, FRAUD, MISREPRESENTATION and/or CONCEALMENT, SUPRESSION or OMISSION of material facts with the intent that the M******s rely upon such, in an attempt to induce the M******s to pay for Desert Palms surgical services.

 

39. By their acts and/or omission alleged herin, DEFENDANTS VIOLATED THE ARIZONA CONUSMER FRAUD ACT

 

40. DEFENDANT CABRET-CARLOTTI intended that the M******s rely upon herDECEPTION, FRAUD, MISREPRESENTATION and/or CONCEALMENT, SUPRESSION or CONCEALMENT of MATERIAL FACTS, and the M******s did so in the manner contemplated or intended by the DEFENDANTS, by paying the surgery price of approximately $25,000

 

This report was posted on Ripoff Report on 06/07/2014 12:51 AM and is a permanent record located here: https://www.ripoffreport.com/reports/carlotti-cosmetic-surgery-center/scottsdale-arizona/carlotti-cosmetic-surgery-center-michelle-cabret-carlotti-albert-carlotti-sued-for-frau-1152824. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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