Plastic surgery - Can I Bring A Lawsuit Against My Surgeon If He Destroyed My Breasts?

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Q: I just had a breast implants put in and I don't like the way they came out. Can I bring a lawsuit against my plastic surgeon if he won't fix them for free?

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A: There are two issues here. The first is your unhappiness with the follow of the breast implants. The second is whether you can sue if he does not fix the first follow for free.

First- the fact that you had breast implants suggests that you were not satisfied with your bodily appearance to begin with. Breast implant and plastic surgery cases are inherently bad cases for me to take because they involve subjective feelings, opinions and impressions by the patient. Specifically, the patient is not happy with how they appear initially, and after the procedure, they are still not happy with the result. Just because you are unsatisfied with the breast surgery results does not mean that there was evidence of malpractice.

There are always risks connected with any surgery. I am positive that your plastic surgeon gave you a detailed form called an Informed Consent sheet that described the procedure. You may have also been given brochures or reading material describing the risks, benefits and alternatives to this breast surgery you were going to have. Again, I assume that since you went send with the surgery, you signed this consent and recognized that there was a possibility the outcome might not be perfect.

The second point is that you must address your displeasure with your plastic surgeon. There are times when the doctor will agree to revise the policy at no cost to you. At other times the doctor believes he or she did a good job, but other factors contributed to the poor outcome, and he may not be agreeable to revise the policy for free.

Remember, you are free to bring a lawsuit, but the request is whether your case beyond doubt has merit, and whether it is financially useful for you and your attorney to proceed.

In my opinion, I do not accept plastic surgery cases unless it is clear, based upon master medical review, that there are departures from good care (not just that the patient is unhappy with the outcome of their boob job, or nose job), that the departures were a sizable factor in causing injury, and that the injury is permanent.

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