Bad Breast Implant Results. What Are my Rights?

Capsular contracture, or scar formation after breast augmentation, is a common problem after surgery and a recognized complication. It is certainly not malpractice.
Capsular contracture occurs with every single busy surgeon. Capsular contracture is more common in implants placed above the muscle than implants placed below the muscle.
Modern techniques can minimize the formation of capsular contracture, but not prevent it altogether.
You should communicate with your surgeon about the problem and discuss with him what can be done now. Often, removal of the scar tissue in surgery is an option.

Typically, it's best to wait 6 to 12 months depending on the reason for #revision.  Matters such as sagging or drooping  and size change will not improve with time. As with all cosmetic surgery, results will be rewarding if expectations are realistic. With any surgical procedure, there are some risks which your doctor will discuss with you during your consultation. It's best to consult with a board-certified plastic surgeons who have specialized in breast surgery and cosmetic surgery are suitable to perform your breast augmentation. You will then greatly improve your chances of getting the result you desire, and, without the need for a revision surgery. Aside from checking board-certification, it is suggested that you look at before and after photos of the surgeons actual patients, and read patient reviews. Gathering all of this information will help you make a well-informed decision. Please be advised that each patient is unique and previous results are not a guarantee for individual outcomes. 

Capsular Contractures occur unfortunately in 5-10% of patients and in the vast majority of cases is unrelated to the surgeon, but rather your body's response to the implants. In other words your surgeon probably did nothing wrong.

In all surgical specialties and procedures you are paying for the surgeon's best surgical efforts and care. There are never any direct or implies guarantees of success and this is especially true of Plastic Surgery which is both an Art form and Inexact Science. For example if you rejected a kidney after it was transplanted you would not expect your money back. If you looked over the consent paperwork you signed, I am sure you will find this explained as it is standard for all surgeons.
Capsular contracture can not be predicted and is our bodies particular reaction to the implant.Your surgeon did not do anything wrong which is the reason for and necessity for to be responsible financially for additional procedures.

Although you may feel upset about the capsular contracture, there are many ways to correct the problem and minimize your risk of developing complications associated with it.  I would advise you to speak with your surgeon about those options.  He will provide insight into the development of the capsular contracture and its causes. 

Capsular contracture is a risk with all breast augmentation procedures regardless of the surgeon.  The reported incidence is anywhere from <1% to as high as 17%.  In my experience, it is much closer to the former, but not nearly that low.  Nevertheless, because we do not know the specific trigger, it is impossible to "do something" to prevent contracture.  There are various treatment options and your surgeon should discuss these with you and minimize the cost of any chosen treatment.

Unfortunately, capsular contracture is a very well known complication of breast implant surgery that can happen to anyone at any time. To make matters even more confusing, we really don't completely understand why it happens or who it will happen to. Some people are at higher risk in general, and it may occur early after implanmt surgery or late (even many years later!) There are certain surgical maneuvers which can be performed to help decrease the chances of it occurring, such as trying to prevent infection, washing the pockets out with antibiotics and mainting excellent hemostasis with complete prevention and control of intraoperative bleeding and excellent technique. These should help guard against early capsular contracture (as in a few weeks to months after surgery). In addition, the placement of implants in a submuscular or dual plane location, as opposed to under the gland only, is thought to help prevent later capsular contracture. Late capsular contracture is a big unknown, however, and everyone is at risk!
As for the treatment - your doctor is correct - the treatment is surgical in nature: usually the capsule is removed and the implant replaced. All practices handle the costs differently. I do not charge my patients (the ones in whom I placed the original implants) for surgery to correct this condition; however they are responsible for the OR fee, anesthesia, and the cost of a new implant (if necessary) and patients are made aware of this policy (as well as the possibility of capsular contracture occurring) at the original augmentation consultation.
Good luck and I am sorry that you are dealing with this unfortunate, but well known, complication of breast implant surgery.