Do I have good grounds for a lawsuit based on my pics? (photos)

Based on the pics. This is an unfathomable outcome. The dr. Messed up and keeps pushing me off. I've had much patience with him and have kept my calm. I'm humiliated, I can't even hide this with t shirts. The emotional turmoil, the pain, and the scars. I was cut more then I was told post surgery.

Doctor Answers 10


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a result you are not happy with does not make it malpractice.Unfortunately, it seems your approach may have broken your relationship with the one best positioned to help you. I doubt the surgeon will get back involved given your anger and that is a shame. A calmer approach could have solved this. Doctors only want to help people. Good luck. 

Tampa Plastic Surgeon
4.9 out of 5 stars 63 reviews

Do I have good grounds for a lawsuit based on my pics?

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I'm sorry to hear about the complication you have experienced after breast surgery. Unfortunately, this is not the appropriate forum to receive medical legal advice. There is no way, without knowing much more information, of giving you meaningful advice online.

Generally speaking, it is important for patients to understand that sometimes (despite best efforts and intentions) complications do occur. This occurrence of a complication does not  necessarily equate to “malpractice”.  I can assure you, that for the majority of plastic surgeons the occurrence of complications  is very troublesome;  you will find that the surgeons will “bend over backwards” to help patients through the challenging courses they experience postoperatively.

 I would suggest that you continue to follow-up with your plastic surgeon and express your questions and concerns in as calm/constructive a fashion as possible.  If you continue to have concerns (despite this effort),  second opinions from well experienced board-certified plastic surgeons in your area may be helpful to you. Best wishes.

Redo breast augmentation

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Dear Trish,    Thank you for submitting your picture and sorry for the complication.    From observing the picture, you appear to have severe capsule contracture on your left side due to 'Biofilm' (bacteria embedded in the capsule and on the implant). This is one of the known complication of the surgery and has nothing to do with your surgeon's surgical performance. Indeed, your right breasts is nice and natural.          So, sorry to disappoint you, but since the standard of care was not breached, I do not believe that you will prevail in court. A much better approach is to have a friendly relationship with your surgeon and let him perform the corrective surgery  which is capsulectomy (scar excision) and implant replacement, as long as he or she have experience with that type of redo breast augmentation.         If experience is lacking,  consult with experienced board certified plastic surgeons who do lots of that type of surgery in accredited surgery center for your safety. Most importantly, check the before and after pictures in the photo gallery, to make sure that they are numerous, consistent and attractive with nice cleavage, perky, symmetrical and natural looking. Also, check the reviews on 'RealSelf' for ratings and positive experience reports.                             Best of luck,                                                    Dr Widder

Drop & Fluff

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I'm sorry to hear that you are unhappy however the implant on your left having not fully dropped is not necessarily the result of something done incorrectly and it could be relatively simple to correct. I recommend that you talk with your surgeon about a small revision to drop that implant. Other than that you would have a great result and the scarring you are referring to isn't visible in the photo provided. Scars are an inevitable part  or surgery and though there are some helpful treatments available to minimize their appearance, expecting them to be invisible is not realistic.
All the best

Breast asymmetry

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I'm so sorry to hear about your discontent with your recent plastic surgery. From your photographs, it appears that the implant on the left, which is probably under the muscle, has not dropped adequately into the pocket made for it. This is not in uncommon situation after breast augmentation and can easily be remedied with a small touchup in surgery. Communication with your plastic surgeon sounds like the issue rather than a deviation from any standard of care performing cosmetic surgery of the breast. I doubt any attorney would even consider taking this case, and therefore I recommend that you look toward something positive, and getting it corrected, so that you can be happy with your outcome. Best of luck.

Marc J. Salzman, MD, FACS
Louisville Plastic Surgeon
4.7 out of 5 stars 58 reviews

Breast augmentation - can I sue?

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Thank you for asking about your breast augmentation and suing your surgeon.
  • I am sorry you are so angry with your surgeon and are going through a horrible time 
  • But whoa - you are on track to make things much worse for yourself.
  • This may be a problem of communication.
  • Your implants are under the muscle.
  • One implant has settled, the other has not.
  • This is from muscle spasm, not your surgeon messing up.
  • It is a known risk with under muscle implants and usually is clearly explained before surgery.
  • It requires a surgical revision to release the tissues so the implant can settle.
  • I strongly suggest that you have an amicable discussion with your surgeon to discuss when to have the revision (usually between 6 - 9 months)
  • You can certainly threaten to sue him and see a lawyer -
  • It automatically means your surgeon cannot and will not see you ever again and to improve your result you need to see a new plastic surgeon and pay full price for any revision -
  • If you can find one to help you - most plastic surgeon's avoid people who threaten to sue other doctors.
  • Add this to the chances of no lawyer taking your case because the legal argument goes like this: you didn't like your breasts before, you don't like them now - no injury, no lawsuit....lawyers are very tough-minded.
  • If you find a lawyer, you pay all legal costs - because the chance of any significant financial settlement is low.
  • Your legal costs would easily be in the thousands within a few months - you pay immediately, out of pocket.
  • Having been involved as an expert in multi-billion dollar litigation, I have seen lawsuits ruin people's lives. 
  • People who sue  their doctors -  even for catastrophic health complications - do worse than those who don't.
  • Take a breath, get some therapy if needed to get yourself through a difficult time, get friends or family to listen and support you and have a friendly discussion with your surgeon about how to fix this very common problem.
Always consult a Board Certified Plastic Surgeon.  Best wishes. Elizabeth Morgan MD PHD FACS


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Implant malposition is a well known complication of breast implant surgery and can happen in the best hands. It can also be a result of capsular contracture. Either way, surgery is required to improve it and typically solves the issue. It is hard to imagine that any deviation from the standard of care "caused" this so it is unlikely any lawyer would want to accept this since there is little/no chance it would get accepted by a judge.

Do I have good grounds for a lawsuit based on my pics?

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Hello dear, thanks for your question and provided information as well.. The breasts may lose their elasticity and firmness which can be caused by different factors such as pregnancy, massive weight loss, lactation and aging. To reaffirm the breasts and restore the natural look your surgeon can perform a mastopexy or breast lift. A breast lift restores a firmer, perkier, and more aesthetically pleasing shape to sagging breasts. This not only can improve a patient’s appearance by restoring her youthful, feminine proportions, but  also help bras and swimsuits fit more comfortably and attractively. By removing excess, stretched out skin, reshaping the breast tissue, and raising the nipple & areola into a more forward position, a cosmetic surgeon can create a more youthful breast contour. Stretched, large areolae can also be reduced during breast lift surgery, creating an overall better proportioned, natural looking breast, Actually the perkiness on a person or another, depends on patients skin and breast tissue… Breast augmentation surgery increases or restores breast size using silicone gel implants, saline implants or in some cases, fat transfer. One of the most popular and frequently performed aesthetic surgery procedures, breast augmentation has a long and successful track record in satisfying women who wish to enhance, regain or restore balance to their figures.

Tania Medina de Garcia, MD
Dominican Republic Plastic Surgeon
4.5 out of 5 stars 442 reviews

Do I have a lawsuit?

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I am sorry you are unhappy with the result of your breast surgery. I understand how disappointing this can be. It is normal for you to be angry with your surgeon, but based on almost 40 years in practice, doing mostly breast implant cases, I can tell you that imperfect outcomes are not unusual. Statistics show that about 35% of all breast augmentation patients require another revision operation within the first 3-5 years! It looks like you have capsular contracture at least on your left side – that is a very common complication after breast implants and usually has nothing to do with way the operation was performed. Of course I cannot give you legal advice, but it is always better to try to work things out with your doctor. Perhaps you could approach him about doing a revision to improve your result? Wishing you all the best.

Neal Handel, MD
Beverly Hills Plastic Surgeon
5.0 out of 5 stars 37 reviews

Do I have good grounds for a lawsuit based on my pics

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One view is usually not enough to properly evaluate the breast. Multiple views are important for proper evaluation along with in person examination. The left implant appears to be a bit higher which could be due to capsular contraction. Undesirable results could be due to many reasons and the best approach would be to talk to your surgeon or seek a second opinion from a board certified plastic surgeon. 

M. Azhar Ali, MD, FACS
Bloomfield Hills Plastic Surgeon
4.9 out of 5 stars 31 reviews

These answers are for educational purposes and should not be relied upon as a substitute for medical advice you may receive from your physician. If you have a medical emergency, please call 911. These answers do not constitute or initiate a patient/doctor relationship.