Can my surgeon repair, refund or doing a free surgery for his mistake?

Question

Can I claim my money back? Should I go same doctor? 1 & 2 visit we clarified that the size of implant would be 350 or 320. Coordinator and dr aware. Spoken to coordinator and showed me pictures of breast implants. Showed me the high profile and stated that all info my pic will be available for Dr. I spoke to dr prior surgery he asked ”if for some reason I’d need to go small or bigger size what can be?" I said small. I have 450 moderate plus. I was 34c before. Info was discussed before. This is Dr mistake for lack of communication and fail to listen.

Thomas A. Mustoe, MD, FACS · Answer

Every surgeon has their own policy but many if not most will do revisional surgery without charging a surgeon’s fee but holding patient responsible for OR fees.  However, if an error was made that is an additional consideration.  I would  approach your surgeon in a positive manner, and give them a chance to respond.  The best surgeons want to make every patient happy and will try very hard.  Each situation is different and choice of implant size can be a judgement call.  I would try to achieve a positive outcome with your surgeon as your first and best option.

Ashley B. Robey, MD · Answer

Surgery is associated with risks. Having a frank discussion about these risks with each patient is paramount so that an informed decision can be made. There are certainly asymmetry cases that can result in tentative implant sizes being different from actual ideal implant sizes. I would talk to your surgeon; have him or her review your initial consultation plan and other notes so that the two of you can try to get to the bottom of the discrepancy between the tentative preoperative plan and the final operative plan. I suspect that if there was an error, your surgeon would work with you to come up with an amicable resolution. The vast majority of surgeons want to deliver results that make their patients happy.

Luis A. Mejia, MD · Answer

hello thank you for your question and provided information as well;..based in your question its difficulted evaulate your case if the question dont have a picture, its recommended to get a consultation in personal with a plastic surgeon.

Urmen Desai, MD, MPH, FACS · Answer

Every surgeon has his or her own rules on this. I recommend an in-office examination as well as a detailed discussion with a surgeon who you are comfortable with. Finally, make sure your surgeon is a Board Certified Plastic Surgeon certified by the American Board of Plastic Surgery (ABPS).
Best,Dr. DesaiBeverly Hills Institute for Aesthetic Plastic SurgeryHarvard Educated, Beverly Hills & Miami Beach TrainedDouble Board-Certified, Double Fellowship-Trained Beverly Hills Plastic Surgeon

Ronald J. Edelson, MD · Answer

Unfortunately we hear this story too often.  Although I understand your anger over this I’m not sure what legal re ourselves you have.  Most consents give the surgeon the option of altering a roe cure if deemed necessary.  I recommend you meet with your surgeon and see what agreement you may be able to come to.

Daniel Barrett, MD · Answer

Dear Witty3900,
every surgeon has a revision policy. Many involve reduced or even no fees for the surgeon (depending on the situation) while the patient may still be responsible for facility (the use of the operating room, staff, and supplies) and anesthesia fees. Best to go back to your surgeon and have a talk about your concerns again. 
Daniel Barrett, MD
Certified, American Board of Plastic Surgery
Member, American Society of Plastic Surgery
Member, American Society of Aesthetic Plastic Surgery

Nelson Castillo, MD · Answer

Thank you for sharing your experience.  Because of the change in the operative plan I would discuss your concerns directly with the physician so that an understanding of what took place during surgery can be known.  At times the preoperative plan has to change because of a patient's underlying anatomy.

David Shifrin, MD · Answer

I would go and discuss with your surgeon whomever they are. That person is best able to answer these questions and work with you. Best of luck for a happy outcome!Cheers

Milind K. Ambe, MD · Answer

I am sorry to hear of your dissatisfaction with surgery.  I would recommend telling your surgeon how you feel and see what the two of you can come up with to make things right.  Each surgeon has their own policy so this is difficult to say what "should" happen.  Best of luck to you.

Tom J. Pousti, MD · Answer

I am sorry to hear about the problem you have experienced. 
 Generally speaking, in cases where an unfavorable outcomes are present it is best for patients to discuss their concerns in a calm/constructive fashion; most plastic surgeons very much want their patients to be pleased and will do everything they can to improve outcomes.  On the other hand, an accusatory stance taken by a patient does not end up working out well for anybody involved.  For example, I would suggest avoiding using inflammatory term such as "botched"... Overall, staying emotionally even keel tends to be helpful in these cases.Assuming you are working with a well experienced board-certified plastic surgeon, who you feel  confident/comfortable can achieve an outcome that you will be pleased with, I would suggest that you "stick" with him/her. He/she knows you best, is highly motivated to achieve an outcome that you will be pleased with.
 
If, on the other hand,  you have concerns about your plastic surgeon's ability to achieve your desired outcome, best to seek  second opinion consultations with well experienced board-certified plastic surgeons.  Best wishes for an outcome that you are pleased with long-term.

Can my surgeon repair, refund or doing a free surgery for his mistake?

Answers (11)

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