Symmastia occurred in the 1 st surgery . He was suppose to correct this , Didnt happen and got worse the second surgery amongst other issues. She was also never properly advised as she was in surgery both times with in hours of her arrival to Utah .
We filed a claim with his insurance company that the Dr entered . His Insurance companies medical examiner said that this is a potential side effect from the procedure . Ok, but 2 procedures ? Also the breast are not aligned properly , nor straight and has no feeling in one. Basically deformed .We been to 5 Dr's all stating corrective procedures including a Stattice of which the original Dr never used to correct.
She has been obviously depressed going to therapy and on medication. This has been a huge issue to her and our relationship .
I'm sorry to hear about this.
The only way you will know if there was malpractice is to retain a local med mal lawyer who can order the medical records and send to an expert to review to ascertain whether there was a breach of the standard of care.
The answer does not create an attorney-client relationship and is for informational purposes only.
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Medical malpractice cases involving breast augmentation misadventures are very hard to win.
First, the issues regarding a displeasing appearance are tough because natural variances in healing can result in this problem even in the absence of surgical negligence. Can a bad surgeon cause a poor appearance? Sure. But proving that the problem didn't occur naturally is a prohibitively difficult 'burden of proof' challenge.
Second, the damage model with breast augmentation cases is always limited. A legitimate case with a true medical error might be projected to settle for $50K. Maybe a little less. That is a lot of money, yes; but in terms of medical malpractice litigation, we might actually spend more than $50,000 just litigating the case (hiring experts, taking depositions, paying for medical records, travel, filing fees, etc). In other words, you might not see a penny of recovery because the entire settlement might just pay your medical experts.
Third, juries are not very friendly to these cases or any case involving elective cosmetic surgeries. They hypocritically consider these surgeries as vanity-driven. It doesn't always happen but its a concern. There is a very specific exception to this rule, though, for female patients that are recovering from breast cancer mastectomies.