What are my rights if a doctor chooses the wrong implant? (photo)

If your surgeon betrayed your trust and performed an operation which you did not request or consent to, I believe it would be a smart move for you to find a different surgeon to perform what should be a relatively straightforward, simple operation, i.e. an implant exchange for a smaller implant. Find a board certified plastic surgeon and have a detailed discussion about your wishes.

Dear Humorous696988,

this is the issue you need to discuss with your surgeon. The price is entirely practice dependent. If its a revision, typically surgeons only ask the patient to pay for the surgery center and anesthesia.

Daniel Barrett, MD
Certified, American Board of Plastic Surgery
Member, American Society of Plastic Surgery
Member, American Society of Aesthetic Plastic Surgery

First, review all the paperwork you signed with him during your preop visit, including the permit. Second, ask for a complete copy of your medical records to see what specific sizes were discussed. If the permit shows that you signed approval for 600 cc's and received 740 cc's, then go back to your surgeon and respectfully ask him to exchange them at his cost. If no specific size was documented on the permit, and no specific size was agreed upon during the consultation, then the specific size will be more difficult to prove. At that point, you may need to speak to an attorney. However, don't be too quick to threaten lawsuit with your surgeon, or you may be terminated as a patient. Another surgeon will charge full price. Since you are not happy with this size and you are his patient, you have some negotiating room. Be respectful with your surgeon and stay off social media about your breasts.

I would begin expressing your concerns to your surgeon to see if you can arrive at a compromise. Otherwise this is really a legal question for an attorney. You can check your consent forms to see if the 600cc implant was indicated.

Your story needs more details as do your photos. Posting an ember photo does not give us any real information. A nude photo is required a virtual consultation. Each surgeon has their own standards and if you read the consents, it might include a paragraph stating the surgeon has a right to make a decision during surgery. If this is present, then you really have no options. Again, best of virtual consult with to exchange fee should range from $5000-$10,000.