Is This a Malpractice Case?

hello i had a breast augmentation 5 months ago. i already was a dd cup size (natural) since i did not want a breast lift doctor said he could correct it with a 500cc implants and so we did the surgery. a month ago the implants became saggy and then he decided to do a full breast lift but just right before the surgery changed mind and just performed a periareolar. a week after surgery the wounds did get open And still now. is this a malpractice

Doctor Answers 6

Breast Surgery and Malpractice Case?

Thank you for the question.

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.

San Diego Plastic Surgeon
5.0 out of 5 stars 1,488 reviews

Not Medical Malpractice - just a series of poor choices

Malpratice is a serious charge which involves neglegence and deviation of the standard of care.  From you description neither of these factors were involved however malpractice requires the decision of a jury and is for the courts to dedice.  I would wonder if your surgeon told you initially that you would need a breast lift to get your best result but you oped for large implants in an effort to correct your problem without additional scarring.  The result sounds very predictable, the breast just get saggier.  Why he changed from a vertical mastopexy to a peri-areoalar mastopexy is a matter between you and your surgeon. 

Jeffrey Zwiren, MD
Atlanta Plastic Surgeon
4.5 out of 5 stars 19 reviews

Improving your result

Hello, It sounds like you have are not happy with your result. Wound infections are usually not malpractice. I would discuss your concerns with your plastic surgeon to see if the two of you can reach a goal or conclusion that is satisfactory. There is nothing wrong with getting additional information or advice from other plastic surgeons in your community if that would make you feel more comfortable. All the best, Dr Remus Repta

Remus Repta, MD
Scottsdale Plastic Surgeon
4.9 out of 5 stars 162 reviews

Wound opened after breast lift, not malpractice

A wound opening after a breast lift, or an infection is unfortunate, though not malpractice. Malpractice might involve a breach in duty to you as a patient, or care out of the standard of practice in your community. A complication is unfortunate, and I will bet your surgeon will see you through.

Peter E. Johnson, MD
Chicago Plastic Surgeon
4.0 out of 5 stars 42 reviews

Doesn't sound like malpractice

Malpractice requires a breach of the standard of care or a lack of informed consent.  While the choices made here might not have been the best, this doesn't necessarily equate to malpractice and neither does a wound problem.  If you're still concerned, consult with an attorney.

Richard P. Rand, MD, FACS
Seattle Plastic Surgeon
4.8 out of 5 stars 67 reviews

Is This a Malpractice Case?

No. For there to be an issue of malpractice, there needs to be a violation of the standard of care. There is not a lot of information to go by here, but I read two issues

  • Not doing an operation that you didn't want done hardly seems like a violation of the standard of care.
  • Having a wound healing complication is not outside the standard of care. It is a known risk, without a doubt mentioned in your consent document. 

Thanks for your question, best wishes.


Jourdan Gottlieb, MD
Seattle Plastic Surgeon
4.6 out of 5 stars 45 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.