Is Agreed upon surgery not performed malpractice / battery/ exceeding scope of consent?

Prior to surgery me and the surgeon agreed on using 2 different size implants for my augmentation because I had asymmetric breasts. The surgeon did not use the implants we had agreed on. Is this considered below the standard of care? Does my case have merit . Who will be willing to sign an affidavit ?

Doctor Answers 5

Different sized implants

There are decisions that are made by the surgeon at the time of the operation and this may be different from what you may have agreed upon but your surgeon can't wake you up and tell you why the change so in the end they will do what is BEST for you and they should.


Fort Myers Plastic Surgeon
4.8 out of 5 stars 56 reviews

Is Agreed upon surgery not performed malpractice / battery/ exceeding scope of consent?

Thank you for your question and I can understand your frustration of not obtaining the results you anticipated, but your questions are largely legal in origin and should be addressed with that specialty.  That said, in cases of aesthetic surgery, no party will "win" with lawyers being involved and I would favor approaching your surgeon for an evaluation and discussion.  Your surgeon ultimately wants you to be happy and should be able to work with you to attain those after a thorough review of your original surgical plan and current results.  

Nelson Castillo, MD
Atlanta Plastic Surgeon
5.0 out of 5 stars 43 reviews

Is Agreed upon surgery not performed malpractice / battery/ exceeding scope of consent?

Without photos and further info- it's difficult to give the best answer. Usually, the pre-op consent in these situations give the Surgeon latitude to make intra-operative decisions that he/she believes are in a patient's best interests. Best to review your pre-op and post-op result with your chosen Surgen as well as reviewing your consent forms.

Is Agreed upon surgery not performed malpractice / battery/ exceeding scope of consent?

After prancing for 40 years the theorem is the surgeon has final decision to adjust implants at time of surgery if within a range acceptable the outcome. Thus you are very shaky ground legally/medical/ethicially. Seek legal consultations to be told your options, which are not many if any. Also seek in person second opinions from only boarded senior PSs in South FL. Plus after reading ALL your postings you are out of the claims period timeframe since in FL 2 years to the scope to raise a potential claim if you had one!

These are legal questions

Hard for us docs to answer legal questions as we are not lawyers.
You can seek a second opinion about your breasts from another plastic surgeon to determine what needs to be done.
This doctor will be treating doctor and may not be willing to help you as a medico-legal expert witness, but can help you with your medical problems.
You can also discuss with your original treating doctor.

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.