I am located in Sacramento. You may have a case for medical malpractice if the doctor's recommendations fell below the standard of care. That is, if the doctor recommended something/ or didnt recommend something that other similiarly trained doctors would or would not have recommended. I would be happy to review the medical records with an expert to verify the validity of your case.
I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
While it would seem your surgeon used poor judgment, there are factors in augmentation which can all for larger implants. There are factors such as the age, frame and weight of the patient and the desired result.
Most surgeons doing augmentations cover themselves with detailed informed consents.
I suggest you find a surgeon out of your geographic area and that you obtain an experienced malpractice lawyer using the AVVO find a lawyer link.
Sorry to hear about your wife’s situation. I would take up Attorney Patrick’s offer and call him for a consultation.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
Medical malpractice is tough game in California however the doctor if he or she has a shred of decency should fix the breatss for free if you mention getting a lawyer on his case. Remember when you sue the doc you get their insurance company lawyer who needs to get his kids through college on the other end. See if the doc will work with you, if not, sue him.
This is not legal advice but a general comment on society based on a limited set of hypothetical circumstances. No one should act or refrain from acting based on these comments without seeking appropriately licensed legal or professional advice. The author disclaims all liability in respect to actions taken or not taken based on his comments.
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