Legal Question in Medical Malpractice in California

Did not get what she paid for

My wife just recently had a breast augmentation, lift and areola reduction. It has been about 3 month and she is not happy with the work or the doctor. She asked to be a D-cup and she is still a C-cup. At her last appointment she brought this up to the doctor and he said the he felt that she would not look right as a D-cup and he thought she would be better off with C�s and that she would not be happy with anything. Then she brought up that she was going to get a second opinion because of the right breast not dropping and the size issue, and the doctor got mad and said do what you want you won�t be happy with anything and told her that he would see her in six weeks and stormed out of the room. What can we do? We paid over $12,000 and did not get what she asked for.


Asked on 1/25/05, 1:53 pm

1 Answer from Attorneys
A. Russell Martin Law Office of A. Russell Martin

Re: Did not get what she paid for

Hi,

Your ability to recover will depend upon the exact agreement you had with your physician prior to the surgery, so I cannot provide a definitive answer until I review your paperwork. However, if the doctor expressly promised that your wife would be a D-cup, you may be able to pursue medical malpractice claims under various theories (e.g. breach of contract) and recover damages for pain and suffering associated with corrective surgery(ies).

Feel free to call me for a free consultation.

Very truly yours,

Russ

A. Russell Martin, Esq. (SBN 226244)

Law Office of A. Russell Martin

3925 Spring Hill Road

Petaluma, CA 94952

Phone: (415) 364-1604

Fax: (877) 481-0937

E-Mail: [email protected]

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Answered on 1/25/05, 3:34 pm


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