Legal Question in Medical Malpractice in California

negligence/battery

I signed a consent for a bilateral formal mastopexy surgery.3 consultations with my surgeon. Friend who use to work as a surgical nurse was with me on all visits/day of surgery.I stressed only a lift,want to remain big,close to my actual size 36DDD. I complained about how small I was after surgery.My Oper.report read Reduction mammoplasty/masteopexy.IN the indications area dr. stated that I requested a modest reduction. (I did not request that).275gms on lft removed, 225gms on rt removed. My breast are 3 sizes smaller.Was not taken care of appropriately, stitches came out, called the dr. office, talk to nurse, dr did not respond for 3 days.He was moving to a new office.My attn.feels I will not win because his expert dr. opinion says the volume of tissue resected does not suggest formal reduction mammaplasty as commonly preformed in the U.S.(reduction mammaplasty involves the removal of at least 500 gms of tissue per breast.)My att.is filing for battery.This case now is facing a motion for summary judgement. I may have to pay drs atts. fees. My attn.dr.feels the results were in the acceptable standard of care and that it was a paper error the surgeon made. What should I do? Aren't all patients needs different?


Asked on 12/14/05, 7:00 pm

2 Answers from Attorneys
Michael M. Marzban, Esq. Bob M. Cohen & Associates

Re: negligence/battery

A paper error is still an act of negligence. Call me at 1-800-999-HURT. Ask for me and if I can't help you, I know a good referral that might.

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Answered on 12/14/05, 7:08 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: negligence/battery

Unless you have an expert on your side who opines that what the doctor did falls below the standard of care, you likely will be dead in your tracks on the malpractice issue. It might behoove your attorney to settle the case before the summary judgment is heard or quickly find another expert who definitively will state in writing that it was below the standard of care.

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Answered on 12/14/05, 7:20 pm


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