Can I sue for a breast augmentation following a faulty reduction?

UPDATED: Oct 2, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 2, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I sue for a breast augmentation following a faulty reduction?

About 2 months ago, I received a breast reduction through my insurance company. Following healing of the surgery, I reported to my surgeon multiple times something was wrong with my right breast. It didn’t feel right and didn’t look right; it was with much more swollen. She ignored all of my requests to get treatment besides giving me an antibiotic which she took me off of early. She refused to help me in anyway. I had to go to the doctor on my own volition and get an ultrasound and found a hematoma. I had it drained at a specialist’s office, 100 ml of blood. It has a deformed my breast and it is now very odd shaped. I’m wondering if I can sue for money for a breast augmentation to fix my breast because my surgeon was ignoring all of my requests for treatment and I had to seek medical help on my own.

Asked on August 23, 2019 under Malpractice Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends upon whether, at the time you reported the issue to your surgeon, that based on your symptoms, the circumstances (right after surgery), the appearance of the breast, etc. it would seem to a reasonably competent doctor that all you needed was an antibiotic--or whether it seem that you needed more. Doctors are not liable simply for being wrong: the law accepts that medicine is not perfect, and sometimes doctors make a reasonable decision or provide reasonable treatment that does not work out. Rather, doctors are liable if they do not do what then-current medical practice or standards says they should do; that is, when they are not as careful or competent as a reasonable doctor is expected to be.
Also, it must be the case that the defective medical care caused harm; if harm would have occured no matter what, so that the medical care did not cause you injury or costs, then there is no malpractice, since for there to be malpractice, there must a causal link between the defective care and the harm.
So only if you believe, based on other medical advice or opinions (e.g. from that specialist you mention) that the care from your surgeon was defective/careless and that it caused you problem, would you have a medical malpractice case. If you did, you could likely recover the cost of corrective surgery.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption