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Doctor did not provide pertinent info post-surgery, now wound has macerated instead of healed properly....

Rancho Cucamonga, CA |

I recently had a breast revision done and after the surgery, the doctor did NOT tell me that the gauze on my wound had to be changed daily nor did he provide me any kind of written instructions when I left the facility.

At the follow-up appt, he removed the gauze and told me that my wound had been macerated and that I should have been changing the gauze. I told him that I did not know that I had to do that because I was not told to do that by him or any of his staff. I asked if there was anything I could do to fix it and he said “the damage has already been done,” but that I could “try” putting Neosporin on it.

I’m just wondering if I have any case against this doctor. Is he at fault for not telling me the gauze needed to be changed or am I at fault for not asking?

Not sure how important this info is, but right after the surgery, the doctor informed me not to wet the area until my follow-up and that he had put a special kind of glue on the wound area and then he placed the gauze on top of that; therefore, I was under the assumption that the gauze needed to be "stuck" in place like that until my follow-up appointment. Because I was not informed that I should be changing the gauze, I am now going to have more conspicuous scarring than I otherwise would have had.

Attorney Answers 5

  1. The best advice I can give you is that you should get copies of your medical records and bring them to an experienced personal injury attorney who handles medical malpractice cases. Let an expert review them. Generally, these cases are very difficult to prove and are expensive. Best of luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

  2. Obtain a copy of your records and look through your paper work to see if you were provided any written information. And contact a local attorney. The other issue that may be raised is that you have indicated that this is a revision surgery and what you were told after your first surgery may be a partial defense in any action you bring.

  3. A local malpractice lawyer can order your medical records to review.

  4. Usually whatever hospital or surgery center you go to, you get written discharge instructions. If you didn't , then you certainly have reason to pursue a case. From a damage perspective, you may have a problem finding someone, assuming your wound heals properly. You can always have a local attorney review the records to get his/her opinion. It may be too early to see if you have any issues in terms of healing.

  5. Have you seen a second plastic surgeon?

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