Legal Question in Legal Malpractice in California
Placed my implant over muscle and paperwork stated to go under muscle
I am very very upset and ready to try
and file a lawsuit against my plastic
surgeon. He placed my implants over
the muscle instead of under the
muscle as we discussed. He admitted
to wrongdoing and he said he had
never made that mistake before. He
said he would re-do the surgery at
anytime requested. WELL number
one, I would never let him touch my
body again, and the main reason I
am wanting to sue, is that I could
NOT breastfeed my two babies. It is
a known fact that if the implants are
over the muscle you can't BF. If
they are under the muscle there is a
small chance you could not BF, but
more than likely you can. I went
through a serious depression and had
to even take effexor b/c of how much
this had affected me. I could not
produce any milk and even tried
medication and constant pumping.
Now my two boys, especially my
second boy, is always always sick. It
just upsets me to the core that
because of this mans mistake, my
little boy is always sick. I never got
to experience the bond of
breastfeeding and probably never will.
Do I have a lawsuit?
3 Answers from Attorneys
Re: Placed my implant over muscle and paperwork stated to go under muscle
You should consult with an attorney in the area of medical negligence/malpractice. You must file in most cases within One year. There appears to be a legitimate case, and you should consult with an attorney. Do not let any time pass as you may lose your rights. There may also be an Arbitration provision in your medical records and if the doctor was a goverment doctor, like a county hospital or facility you may only have six months to submit a claim. Please feel free to contact me.
Re: Placed my implant over muscle and paperwork stated to go under muscle
Yes, as long as you can get a 2nd medical opinion that what he did was 'negligent', i.e. 'malpractice', in view of the facts and your instructions and agreement with him. I assume that will be possible. You only have a year to file from the time you learned of the problem, which likely is as soon as you came out of surgery or shortly thereafter. If you are still timely, feel free to contact me to discuss your rights and remedies.
Re: Placed my implant over muscle and paperwork stated to go under muscle
I am sorry to hear of your problem. You have a good case. Please contact me directly.
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