Is it right/legal for a doctor, during surgery, to make a decision to go bigger in size than what the patient requested? (Photo)

During consult, I stated I do not want to go bigger than 250 CC. Right before surgery, my Dr. came in and we discussed the sizing again. When I came out of surgery, I was 100 CC bigger than what I wanted. Is this legal for the Dr. to make this decision without consulting me? I am over a year post-op and I know I would be happier with smaller size I chose.

Doctor Answers 3

Is it right/legal for a doctor, during surgery, to make a decision to go bigger in size than what the patient requested?

You sound as if you want to sue your surgeon for violating your wishes, right?

No, you just want "free" surgery to fix the "error," isn't that the issue?

Sizing was important enough to discuss again right before surgery, so somebody wasn't listening when somebody else was doing the talking! Hard to know who that was, but you probably won't even find a lawyer who would take this case. 

Consent is not the issue, "INFORMED" is always the issue. And you chose your surgeon to make the best choices during surgery on your behalf. I'm pretty certain there aren't many (or any) surgeons who willingly choose to try to do something other than exactly what they perceived to be in their patients' best interests and with their ultimate satisfaction in mind.

Talk to your surgeon and lose the confrontational attitude, please. If you didn't like the "tone" of my answer, that is how your question seems. I truly want you to be happy, and I'm pretty sure your surgeon does too, so talk to him or her and figure out who is responsible for what costs and what happens if "your" choice of 250cc is wrong as well. Best wishes! Dr. Tholen


Minneapolis Plastic Surgeon
4.9 out of 5 stars 239 reviews

Is it right/legal for a doctor, during surgery, to make a decision to go bigger in size than what the patient requested?

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Tania Medina de Garcia, MD
Dominican Republic Plastic Surgeon
4.6 out of 5 stars 358 reviews

Is it right/legal for a doctor, during surgery, to make a decision to go bigger in size than what the patient requested?

I'm not sure that anyone in this forum can comment on the legality without a formal review of the medical records and honestly, if you are already over a year after surgery, the statute of limitations has probably expired. The good news is that a simple implant exchange to a smaller size is a simple and quick procedure with little to no downtime. The recovery and activity restrictions are much less than with your original augmentation. It sounds like you have never been happy with your current size, so I would recommend that you see your surgeon or another board certified surgeon in your area to discuss implant exchange.

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.