Am I entitled to a refund or should I pursue a legal claim for damages? I had BA under the muscle and lipo on 01/18.

Question

My Dr. said everything was perfect. Approx3 days after my surgery I noticed blood from the incision site of my right breast. I went to the ER and was diagnosed with a hematoma, DVT, Pulmonary embolism, and Anaemia. I was scheduled for removal of the hematoma. The day of my surgery Dr. Brecht said NOT to have surgery. said she had reviewed my records from the hospital and I did not have a hematoma. Based on her advice I did not have surgery to remove the hematoma.I now have capsule contracture.

Dana Goldberg, MD · Answer

I am sorry to hear that you are unhappy after surgery. The complications you mention are all known risks of surgery, so it's not a "slam dunk" case for a malpractice attorney, and you could end up with expenses that are not reimbursed. I would first try to work with your surgeon to see if revision surgery can be performed at a discounted rate and if your implant warranty would cover a new breast implant and other costs. If you no longer trust your surgeon, you could always seek an in person second opinion. You would still be able to use your warranty.  No one, however, can tell you if you have a legal claim for damages except a lawyer who has reviewed all of your medical records.

Tom J. Pousti, MD · Answer

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.
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.
Assuming you are working with with a well experienced board-certified plastic surgeon, 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.

Virgil Willard, MD (retired) · Answer

This is not really the appropriate place to discuss legal matters. I am truly sorry that you did not have a favorable experience. There may be a treatment avenue you can discuss with your surgeon  at a discounted rate, and I strongly encourage you to pursue that route.

Am I entitled to a refund or should I pursue a legal claim for damages? I had BA under the muscle and lipo on 01/18.

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Am I entitled to a refund or should I pursue a legal claim for damages? I had BA under the muscle and lipo on 01/18.

Answers (3)

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Everything you need to know about Breast Implants

Our mission is to create a world where every investment in modern beauty is Worth It.