Can I sue my surgeon for putting the wrong breast implant size in me?

It sounds like this doctor may have breached his standard of care. You ought to speak with a knowledgeable medical malpractice lawyer to evaluate this case. This evaluation would include a review of the pre-op discussions, documentation and a determination as to whether the standard of care in your community would have called for different actions by your doctor.

I am not licensed in WA and can offer you only general advice. It is very difficult to win a case like yours. First, it is the doctor's word against yours and although there may be no documents signed by you, I bet if you look at your medical records there will be a notation that he discussed the sizes with you and that you reached an agreement. In addition, your surgery was voluntary and sometimes the average juror may have difficulty relating. If any of them have medical problems they may not be empathetic to compensating you for a cosmetic procedure.

Please don't misunderstand me, I am not telling you that you don;t have a technical claim. I am only telliing you that ti may be difficult to find a jury and medical experts that would support your claim. Other lawyers may feel differently and you should certainly contact a WA lawyer to have them advise you.

Betsey Herd
Tampa, Florida

As I am licensed in Florida and Vermont, I cannot comment specifically on Washington state law. However, generally, what you describe may be a breach of the standard of care. However, it is also the type of case which will probably be very difficult for you to prove. I would suggest that you start by obtaining a full and complete copy of the doctor's office records as well as a full and complete copy of any hospital or surgical facility records concerning your breast augmentation operation. These records will reveal what was notated about your discussions concerning size. After reviewing these records, if you believe that you have a viable claim against the doctor, I would suggest that you attempt to schedule an appointment with a personal injury attorney who can further review the situation with you. In order to successfully pursue this type of claim, you will need to have the assistance of a plastic surgeon expert, who will review the records himself and offer his opinion as to whether or not there has been a deviation from the accepted standard of medical practice. You can expect this review to cost several thousand dollars, regardless of what his opinion may ultimately be.

I am sorry to hear of your unfortunate experience. It is possible you have a claim, but additional facts would be needed in order to determine (a) the likelihood of prevailing on the claim; and (b) whether it is economical to pursue it. I think your first step is to obtain copies of your medical records, then make an appointment with an experienced medical malpractice attorney licensed in WA to review the records and potentially investigate this matter further. I have been handling medical negligence cases for 14 years in the greater Seattle area. If you are interested in a free consultation, feel free to contact my office.