Follow up to Botched BBL Question. Could I have a medical malpractice suit? (Photo)

I am sorry to hear that you are unhappy with the results of your surgery. Based on your photographs, it looks like you would be a candidate for a revision BBL procedure.

You should read the papers that you signed prior to your surgery. Typically, no plastic surgeon will guarantee a specific result.

Dear Michelleybelle,
I understand your concern. However, without a proper assessment, it would be difficult to determine what went wrong. It is best that you visit your plastic surgeon for further assessment or ask for a second opinion. Only after a thorough examination, you can get proper recommendations and advice.
Daniel Barrett, MDCertified, American Board of Plastic SurgeryMember, American Society of Plastic SurgeryMember, American Society of Aesthetic Plastic Surgery

Based on your before and after photos I would say that you have visible improvement after liposuction of torso and flanks and fat transfer. There is no doubt that further improvement may be achieved by means of liposuction of lateral flanks and fat transfer to lateral and central portion of buttocks. Major issue with fat transfer is unpredictability of fat grafts take; despite the fact that surgeon corrects "deformity" placing same volume of fat in both sides, graft take may not be the same on both sides. The same apply for liposuction; changing position on the table will cause fat to shift in different direction and that can cause asymmetric result. Irregularities of the skin due to cellulitis are not corrected with fat grafting. About 10-15% of patients undergoing BBL may need secundary surgery for these reasons. As one who performed hundreds of BBL surgeries, I would not consider your result botched and definitely not a case for malpractice suit. It takes in average one year for result of liposuction and fat transfer to settle and mature, including lumps and pain. Only at that time you should consider secondary surgery. Hope this helps. Good luck.

Just by asking this next question you need to understand that a poor or even average result/outcome does NOT mean there was any medical malpractice done. In cosmetic/aesthetic surgeries results are unpredictable and if you are unhappy with the results then seek revision. Looking for medical malpractice is a slippery slope that could result in years of legal expenses amounting to an unexpected outcome. Best to find an experience revision BBL surgeon whom is definitely plastic surgery boarded.

You need to speak with a personal injury, attorney if you want to consider a malpractice lawsuit. Poor Aesthetic outcomes is generally not considered malpractice in medical practice. Jerz tend to favor judgments towards the surgeon, because patients generally sign consent forms, excepting variation of outcomes from the procedure that you chose to have that was not necessary.
You can try negotiating with the provider to see if he will offer you some form of reimbursement which some providers do.
Cosmetic surgery is very much a caveat, emptor proposition and patience need to take ownership of decisions they made. It is very much “buyer beware”.
As several other providers mentioned in your previous post. Your results are not considered botched. You were not an ideal candidate, and the procedure was not performed as well as it could’ve, but there is room for improvement with revision surgery. I do not think you have a good case for a malpractice lawsuit, but it’s a free world and people can sue us for lots of reasons. Going through a lawsuit regardless of what side you’re on it tends to be a pretty miserable process. in the end, the attorneys generally make money, whether working for the malpractice company or the patient. If you talk to personal injury attorneys, you’ll get a good idea if they think you’ll have a valid case. If they don’t think you have a good case, then they will not be interested in putting in work for something that will not give a financial reward. Frivolous lawsuits are sometimes settled at around $30,000 because that is a financial amount which is not publicly disclosed. The attorneys will typically take 40%. Some surgeons will settle because in the end it’s less expensive for the malpractice insurance company then going to court.
I’m not an attorney, so to get legal advice you should speak with providers in that profession.
Your best option is to seek revision surgery and do a better job, vetting plastic surgeons for a revision procedure.
Patients should take ownership of their own decision, making especially recognizing a failure to get accurate assessments, and not having a good understanding of what is possible and not possible from this procedure.
Not everybody is a good candidate for the BBL procedure. Patients who are not good candidates do not have the potential for quality outcomes.
Best,
Mats Hagstrom, MD