When Plastic Surgeons Promise Us We Will Have Perky Breasts, and They Do Not Appear That Way, is That Breach of Contract?

When a Plastic Surgeons shows you a picture of what you will look like when he is done with the Breast Augmentation and you come out all distorted looking, would that be considered Breach of Contract?

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11 Doctor Answers | Asked by Allie in NJ in West Orange, NJ

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Surgeon promising what you will look like

If a surgeon shows you a picture of what you will look like following breast augmentation, that surgeon is setting him or herself up for an unhappy patient. There are too many variables in how a patient will heal, what anatomy they are starting with, what degree of stretching of their tissues will occur, etc., etc. Patients may show a surgeon what kind of breast they like, and the surgeon can use this as a way of discussing with a patient whether their expectations are realistic. ... more

"Perky" Breasts

Unfortunately, along with specific breast shape and cup size, "perky" breasts can not be guaranteed. However, if your surgeon specifically guaranteed "perky" breasts in the documents that you signed before surgery and you can prove that they are not "perky" then that may be considered a breach of contract.

Results of Breast Augmentation Surgery

One of the most important parts of any consultation with a prospective plastic surgery patient is communication about what is probable and what is possible. Terms like "perky" are rarely used by physicians because they mean so many different things to different people. When I discuss breast augmentation with patients, I use expression like, "increased superior fullness" or ,"larger volume". An operation performed by a surgeon on a patient is not really a... more

Communication, expectation, and results

Hello, It sounds like you are not happy with your breast augmentation results. This can occur for a number of reasons including result not expected or result secondary to complication. The second part is easy to discuss and address since it involve specific issues that can be agreed upon by all parties involved. The first is much harder and deals directly with communication. It sounds like your situation falls into this second category. You will have to... more

Good Plastic Surgeons Do Not Promise Or Guarantee Results

Plastic surgeons usually do not (and never should) promise or guarantee a good result, "perky breast", etc. The reasons are that medicine and surgery are inexact sciences with many variables, some of which cannot be controlled. When I show pre- and post-op photos, I am portraying what is a possible and likely result, but not a guaranteed result.

When Plastic Surgeons Promise We'll Have Perky Breasts&They Don't Appear That Way, is That Breach of Contract?Answer:

Oddly enough, we don’t really pay doctors to guarantee any result. We pay them to try their best to get us the results everyone would like, after years of training and experience. Like Soldiers, Firefighters and Police Officers, we pay them to do their best and if battles are lost, buildings burned and criminals escape, we don’t ask them for money back. Words like “Promise” and “Guarantee” really shouldn’t exist in Medicine. But honor does. Tell them... more

When Plastic Surgeons Promise Us We Will Have Perky Breasts, and They Do Not Appear That Way, is That Breach of Contract?

Your question is concerning to me. I wonder did you sign an ASPS 2005 "AUGMENTATION MAMMAPLASTY WITH SALINE?SILICONE IMPLANTS" ? It is 9 pages long and discloses all differing issues, as to results, expectations. In one section of page 1 paragraph 6, "The shape and size of the breasts prior to surgery will influence both the recommended treatment and final results...." Thus if you signed this than any oral discussion will not over ride this signed consent, legally. If... more

Breach of contract if breast implants don't turn out right

Technically, it would fall in the realm of medical malpractice and not contract law. It not being a contract means there can be no breach of contract. Courts have upheld that the relationship between a doctor and patient does not constitute a contract. Having said that, most doctors will show images of what you might look like, but I have not seen them guarantee the result as that is impossible to do. The doctors that use computer imaging to show patients a potential result... more

Perky Breast

I have been a board certified plastic surgeon for over 25 years and I have never ever used the term "perky breasts" I have always discussed realistic outcomes with each patient of mine and have turned down patients who se expectations I felt were unrealistic and unattainable. I will not go into the "breach" aspect of your question.

Breast Augmentation Results

Thank you for the question. Most well experienced board certified plastic surgeons know better than to promise the patient that she will look like “a picture” or that she will end up with a specific look or with perfect symmetry. The need for realistic expectations is one of the most important conversations we have with our patients. If the surgeon feels that he/she cannot communicate this need with the patient it behooves him/her not to do the surgery.... more