What are my rights if I recently underwent a breast lift with augmentation but the wrong type of implant wa put in?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights if I recently underwent a breast lift with augmentation but the wrong type of implant wa put in?

After many months of research, I decided to go with saline implants. During my post-op visit, I discovered that my surgeon had mistakenly put in silicone implants. Every piece of paper that I signed stated saline and is what I consented to. The doctor admitted the mistake but the only way to correct is more surgery. I do not feel comfortable with this doctor or his office any longer.This mistake was missed by the patient coordinator, the doctor, the surgery center and the nurse in the office. I am not after a big lawsuit but would like to know if I have a case to ask for my money to be returned? I plan to seek aftercare from another surgeon in the area.

Asked on May 17, 2013 under Malpractice Law, Kentucky

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You absolutely have a case for medical malpractice. You will need to sue to have this doctor or his insurance pay for surgery somewhere else, which includes removal and implantation of the saline, time off of work and pain and suffering. Report him to the medical board, as well.


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 AttorneyPages.com 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 with SHA-256 Encryption