Can I sue my surgeon for messing up my breast augmentation 2 times in a row?

My first BA I supposedly developed CC, but I was skeptical because it was not how I understood CC to be. When he corrected it, he opened the pocket too far and now that implant is sitting an inch lower and looks very asymmetrical, and I have to have ANOTHER surgery to correct it. I will now have 4 scars instead of 2, one of which will show under my breast because it will no longer be in the crease. He very obviously messed up the second surgery, and possibly the first. Do I have a possible case?

Doctor Answers 2

Can I sue my breast surgeon?

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Thank you for asking about suing your breast surgeon.

  • Only a litigation lawyer specializing in malpractice cases can answer your question.
  • I am sorry you are having such a difficult time.
  • Implants can end up needing additional surgery and you appear to have have a rough time.
  • Capsular contracture is a common problem with breast implants and not the fault of the surgeon.
  • An implant sitting too low is again a known complication and can be corrected.
  • They are maddening to you understandably but don't sound like care below the prevailing standard of care.
  • Before you embark on litigation - which can be an expensive and truly horrible and life wasting experience - I suggest you meet with your plastic surgeon, express your frustration and ask her/him to support you as much as possible to get through this.

Always see a Board Certified Plastic Surgeon. Best wishes  - Elizabeth Morgan MD PHD FACS

Can I sue my surgeon?

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I'm sorry to hear about the complications 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. Based on the limited information in your post, you have experienced encapsulation and a breast implant displacement problem (causing the breast asymmetry); both are known complications that can occur after breast augmentation surgery,  even in the best of hands, without a surgeon necessarily "messing up".

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.

  At this point, given that you seem to have lost confidence in your plastic surgeon, best to make sure that your "new" plastic surgeon has significant/demonstrable experience helping patients with the type of revisionary breast surgery necessary. 

Best wishes for successful revisionary surgery and an outcome that you will be pleased with long-term.

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.