Dissatisfied With Outcome of Breast Augmentation, Surgeon's Recommendations

[carreannjoe]

My question involves medical malpractice in the state of: FLORIDA

Hi, I underwent breast augmentation surgery about a year ago. After having children there was considerable sagging, so the need for a lift was discussed, in addition to the implant surgery. My surgeon advised AGAINST the lift, stating several times that he did NOT feel the scar would be worth it, and that it WOULD NOT be necessary. Taking his professional advice (surgeon at a major, world renowned hospital) we did what he suggested, and only had the implants done. In short, after an augmentation surgery, you need to wait a good 8-10 months to allow your implants to 'settle' to see your final look. I remained patient throughout this time but when I realized they had 'settled' and the look I was left with was the final outcome, I became concerned. After doing some research, I have discovered I have what's considered 'snoopy deformity' where the implant sits where it's suppose to, and the old saggy breast tissue hangs off the end of the implant. Creating a droopy and abnormal result. This is common when a woman has ptsosis (sagging) prior to surgery and can be identified during the surgery with a method of sitting the patient up once the implant is in to see if this will be an issue. Apparently, this was not done.

I did approach my surgeon / admin with my concerns and was ultimately told that they would take $500 off the cost of a lift --what it would have cost if done in combination with the augmentation (it's less expensive if you do them at the same time). My issue is that I DO NOT feel comfortable using this surgeon again. It has created some tension and awkwardnes. In addition to that, I was not comfortable getting surgery to begin with (especially for cosmetic reasons) and am NOT happy that I will have to undergo another surgery to fix a problem that could have been avoided had we been properly educated prior to my initial surgery. I have seen a few other surgeons to inquire on the cost of a lift and it will be more money to use them because a lift, alone, is more costly.

I feel stuck. I don't want to use them again, yet going someplace else is more money. It angers me that the costly surgeon I used (as opposed to less costly, less reputable surgeons/clinics) didn't properly advise me the first time around. After paying a lot of money for beautiful results, I have ABNORMAL, messed up looking breasts. I couldn't afford this surgery the first time around and now, I have to pay eve more money to fix a problem HE created.

I just want my money back so I can go someplace else.

Can anyone tell me if I have a case? I've called a few medical malpractice #'s and they say they can't take my case (I'm assuming it won't pay out enough?) Do I HAVE a case or should I pursue this with a civil suit?

I keep getting the 'brush off' -- can someone PLEASE help me?

Thank you kindly ~

[Dogmatique]

If you can't get a med-mal attorney to take your case, that's generally a clear sign that you don't have a case worth litigating.

Sorry.

[Mr. Knowitall]

Given the economics of your case, I doubt that you'll find a malpractice lawyer interested in litigating it. There simply isn't much that could be recovered by way of damages, and malpractice lawsuits are very expensive to try.

Beyond that, the surgeon explained various approaches to you and made a recommendation. You believe the doctor could have provided more of an explanation, or could have figured out during the procedure that you would not be happy with the results, but neither of those beliefs of itself will support a conclusion that the doctor violated the governing standard of care. Avoidance of unnecessary incisions, scars and potential loss of sensitivity are legitimate concerns for a doctor recommending one surgical approach over another. There's no actual guarantee that you would be happier with the scars and possible loss of sensation than you are with the present outcome.

[carreannjoe]

thank you for responding, both of you. I feel taking the professional advice of my surgeon, who does nothing but breast augmentations, was the only sensible route to take. As a result of that, I have an ABNORMALITY that requires additional surgery. That's the bottom line here. I have to undergo additional surgery now because of this, AND shell out more money to fix this. I understand a med mal practice attorney won't want my case because if I approached this hospital with the threat of a lawsuit, they'd most likely just resolve my issue without going through with the lawsuit..correct? Isn't there SOME way that I can at least show them that I have some leg to stand on here so that they'll at least give me my money back - or even half of it back - so I can fix this problem, elsewhere, and in the end not end up having to pay a ton of money AND go through additional surgery and healing times?!! There HAS to be something I can do! Any other suggestions!? Please! thank you.

[LawResearcherMissy]

I understand a med mal practice attorney won't want my case because if I approached this hospital with the threat of a lawsuit, they'd most likely just resolve my issue without going through with the lawsuit..correct?

If by "resolve your issue", you mean "point out that you were informed that there were risks involved in your surgery, including not turning out perfectly, and you signed off on it", sure. Contrary to what TV tells us, yelling "lawsuit" does not set hospitals to scrambling about fearfully, throwing money at whomever is yelling.

There HAS to be something I can do!

Saying this does not make it so. As already explained, if you can't get a med-mal attorney to take the case, it's because you don't have one.

I was not comfortable getting surgery to begin with

I couldn't afford this surgery the first time around

Your issue isn't one of malpractice, from where I'm sitting - it's one of buyer's remorse.

[carreannjoe]

It doesn't look like my response went through..? Here it is again :

Buyers remorse?! I do not have buyers remorse because a surgery as common as mine resulted in ABNORMAL results! I dont have a problem with the idea of an implant in my body nor the money i spent to have that done. No REMORSE whatsoever there. However, when i spend hard earned money on a surgery to correct an existing problem, i expect my problem to be fixed, not made to be left with an even bigger problem than before! My question is : is there ANYTHING i can do legally - what about a civil suit? I was hoping someone on these forums would be familiar enough to help point me in the right direction.

[cbg]

Anyone with a filing fee can sue anyone for anything. I can sue you because I don't like your shoes. The question is, do you have a winnable case? If you can't show malpractice, then you don't. What do you think malpractice is, if not a civil suit? It's not criminal - that's the only other option.

[carreannjoe]

So i can go in for surgery, go about my surgery the way the surgeon wants to do it, come out with an abnormality that requires more money and more surgery to fix, and it's just too bad? Not a thing I can do about it? The burden and the risk (of additional surgery) and the expense is all mine?

[LawResearcherMissy]

Yes, that's what you have been told numerous times.

We cannot help that you 1) had surgery you were not enthusiastic about and 2) couldn't afford to begin with, nor can we help that you don't want to understand that cosmetic surgery drops the responsibility squarely on your lap.

[Mr. Knowitall]

is there ANYTHING i can do legally - what about a civil suit? I was hoping someone on these forums would be familiar enough to help point me in the right direction.

Apparently I need to repeat myself:

Given the economics of your case, I doubt that you'll find a malpractice lawyer interested in litigating it. There simply isn't much that could be recovered by way of damages, and malpractice lawsuits are very expensive to try.

Beyond that, the surgeon explained various approaches to you and made a recommendation. You believe the doctor could have provided more of an explanation, or could have figured out during the procedure that you would not be happy with the results, but neither of those beliefs of itself will support a conclusion that the doctor violated the governing standard of care. Avoidance of unnecessary incisions, scars and potential loss of sensitivity are legitimate concerns for a doctor recommending one surgical approach over another. There's no actual guarantee that you would be happier with the scars and possible loss of sensation than you are with the present outcome.

- - - Updated - - -

So i can go in for surgery, go about my surgery the way the surgeon wants to do it, come out with an abnormality that requires more money and more surgery to fix, and it's just too bad?

I expect you will find the issue covered by the informed consent form you signed when you agreed to surgery. The fact is, a lot of cosmetic surgery is about looking better with your clothes on. As was previously explained, the balance of other issues - scarring, possible loss of sensation, more complicated recovery - play a role both in the choice of procedure and in how happy somebody is going to be with the outcome. While you complain about the present post-surgical appearance, you (or an equivalent patient) could be as unhappy or more unhappy with the scarring and other consequences of a breast lift.