I receive many calls from women who have breast reduction or augmentation surgery who are unhappy with their results. The same is true for women who have abdominoplasty procedures, also known as 'Tummy Tucks'. The complaints are strikingly the same:
"I don't like the way my surgery came out,"
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"The physician stitched me up too tightly,"
"I was in the hospital too long,"
"My wound got infected,"
"I wanted to be a B cup, but now I'm a C cup,"
"My breasts are still uneven,"
"My scars are prominent, and I can't wear a bikini,"
"The physician didn't center my nipple when he did my breast surgery."
The real request that a New York curative malpractice lawyer needs to evaluate is whether these problems stem from improper curative care. In optional plastic surgery cases many women do not perceive that just because they did not get an optimal or ideal supervene does not necessarily mean that there was malpractice.
Another leading issue is that there is something called 'medical judgment' when doing optional plastic surgery. One physician may use one type of suture material, and another physician may use a dissimilar material. As long as each method is medically acceptable, the fact that one chose to use a safe bet type of suture material over another is a judgment call, and that option is ordinarily not carefully malpractice.
Let's look at wound infections. Wound infections can unfortunately happen even in the best of care, and the fact that a woman develops a post-operative wound infection, again, does not right away mean there was wrongdoing.
Most patients who have breast reduction or augmentation surgery want to heighten their looks. They believe plastic surgery is the way to achieve this. The reality is that no plastic surgeon will ever certify a result. "I've done thousands of breast surgeries...don't worry about a thing," the sublime Park Avenue plastic surgeon said to a outpatient while her consultation. What he didn't tell her was that there are risks to every surgical procedure. Had she known about those risks, she never would have had the surgery.
There are many women who have correction surgery to minimize their scars. Others have their implants supplanted for dissimilar sizes. The tummy tuck that was sutured too tightly may need to be surgically opened and loosened. Those patients who have revisions are sometimes given 'freebies' by the surgeon. In other words, he (or she) will not charge for a repeat or medicinal surgery. I receive some calls from women who are furious that they need correction surgery and their surgeon still wants to charge them ,000, ,000 or even ,000 cash. (Remember, insurance doesn't normally pay for optional plastic surgery.)
I am often asked to look at the horrible supervene a plastic surgeon caused. Some photos show terrible finding scars. The nipple may be off-center. The scarring may be keloid and raised. It may be a fresh scar and not have had time to heal yet.
Here's why a plastic surgery victim calls a lawyer's office to ask if they have a valid curative malpractice case:
They see themselves as disfigured following a precious and time-consuming surgical procedure. They went into this expecting to be made more beautiful than they were. When they come out worse than they incredible they get upset. When the outpatient confronts her fears and concerns with the doctor, the doctors' response will normally determine whether I get called. Typically, these women are at first ashamed that a respected physician could give them such a terrible result. The feelings of shame turn to anger after talking to friends and family about her predicament. The inability to wear sexy revealing clothes indeed creates frustration. A caring physician may appear cold-hearted when he (or she) fails to take the patient's concerns seriously. Here's the kicker that all the time generates a call to the lawyer's office...
The physician refuses to do a correction surgery unless the outpatient pays full price, in cash, before the surgery.
In order to properly evaluate a possible case I need to obtain and report all of your curative records. I need to have an scholar plastic surgeon report and criticism on your treatment. Only if my scholar confirms that (1) there were departures from good care that (2) caused you injury and (3) that the injury is valuable and permanent, are we permitted to go transmit and prosecute a case on your behalf.
If any one of those three elements noted above are missing, then it becomes impossible to prove a flourishing case. The first step to evaluating your possible case is to speak to an experienced New York curative malpractice attorney as soon as possible. By obtaining as much information as you can, you come to be a best informed buyer and learn the process of how a lawyer chooses to accept a case.
My New York doctor Screwed Up My Breasts - Do I Have A Case?