If you recently had breast implants, you expect to look better than you did before the surgery. However, many things can go wrong with the implants, and you can recover damages. Just like other doctors, cosmetic surgeons must follow a standard of care, but
Medical Negligence vs. Assumed Risks
A common defense to breast implant malpractice is assumed risk, which means you have agreed to the surgery knowing the possible risks. Any type of procedure has assumed
scarring leakage breastpain lossof feeling in nipples or breasts skinrashes poolingof fluid around the implant ( seroma) poolingof blood near the incision (hematoma) rupturein the lining of the implant implantdeflation
However, this does not apply to unexpected danger. Medical negligence in breast implant surgery include:
- Inserting the Wrong Implant. Some surgeons try to save money by using banned implants or expired implants which could cause infection.
- Procedural Neglect. Examples of procedural neglect include using an implant that is too big for the patient, or placing the implant incorrectly.
- Improper Patient Screening. Breast implant surgeons have a duty
to screenpatients to ensure they won't suffer major complications. If you are in poor health and the surgeon approves you for surgery, any complications provide a basis for a malpractice claim.
Negligence does not apply because you are unhappy with the outcome, since that would not be an injury.
Another problem with breast implant cases
Filing a Claim
To file a claim, you must prove:
- A doctor and patient relationship exists, and the surgeon violated the breach of care.
- The doctor is the right party to sue. In some cases, an implant manufacturer could be responsible for a defective product, or the anesthesiologist for giving you too much anesthesia.
- The surgeon didn't provide the standard of care to prevent harm to the patient that a surgeon with the same skills would follow.
- You have injuries as a result of neglect.
You have the right to be given the highest level of care regardless of the type of surgery. It is possible to settle out of court, but if that fails,