Was my doctor negligent? Can he be liable?

Question

I consented and paid for a full anchor breastlift with implant, I had two consultations with Dr who stated I needed full lift. When I woke up from surgery he only did a donut lift. I ended up dropping instantly and nipples puckered with bad scaring. 6 mo later Dr revised with a vertical incision and a change of implants to textured (I had to pay again). A year later I am still saggy and now I have developed capsular contracture my boos go to side & hard. Still no full lift .

Dallas Buchanan, MD · Answer

Thank you for your questions. Sorry to hear you are not happy with your results. This sounds not like a matter of negligence but a matter of poor communication. I would encourage you to have an open and honest conversation with your surgeon about your expectations and goals and see if you can come to a mutual understanding and move forward. The pathway of legal action is usually fraught with cost, frustration, and in the end, dissatisfaction for all parties involved except the lawyers.  Best of luck!

Gerald Minniti, MD, FACS · Answer

Hello,Without photos or an exam, nothing can be said definitively, but it is unlikely that his work would fall below the 'standard of care', and complications like drop out and capsular contracture don't indicate such. It is possible that you could hit him with breach of contract however, for not performing a formal mastopexy. But even this may be difficult to prove.  If you have a lot and time and money, then you may want to pursue this by legal means. However, if you want to move on and get a great result, you should find a ABPS certified/ASAPS member surgeon who specializes in revision breast surgery. You may want to ask him for a portion of your money back, though. If he balks, remind him of the power of the internet/review sites/social media. Best of luck!

Larry C. Leverett, MD, FACS · Answer

A surgeon, like the captain of your airplane, reserves the right to change course mid flight if what is before him now differs from what he had planned originally. However, it should always be with the patients best interest in mind. Cost for additional surgery is unique to each office and generally is agreed upon prior to the first operation.

Curtis Wong, MD · Answer

to be accused of and if you can prove that your discussions talked about a 'full lift', then you have grounds to have your surgeon fix the problem for not delivering what was 'promised' so you need to review your consultation and notes documented prior to your procedure.  Hope it's legible and not handwritten.  Your surgeon, if ethical, knows when he/she may have made a mistake and should do everything in their power to 'fix' it.  If there is no documentation of what you remember, then this is just a bad outcome.  As for the events that happened after, that may require a second opinion with your complete records available for review including your pre op photos.No surgeon wants their patient to be unhappy and if your results are as poor as you describe, I would think your surgeon would do everything possible to help you get closer to the outcome you desire since your results are a reflection of what that surgeon does and with social media, its simply too easy to tell everyone.

Arian Mowlavi, MD, FACS (license on probation) · Answer

in general, poor shape and contour are not grounds for malpractice. remember if you sue and lose you will have to pay for ALL of the court fees including the doctor's costs. You need to review all of the records in detail to see if "standard of care" was not met.

Frederic H. Corbin, MD (license restricted) · Answer

Sorry for your problem but without an examination and review of records and preop photos it is impossible to say what went wrong and why. That said unfortunate results can occur in the best of hands and certainly one cannot guarantee that capsular contracture won’t develop in anyoneDr Corbin

Was my doctor negligent? Can he be liable?

Answers (6)

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