Legal Question in Medical Malpractice in California
Can I sue my plastic surgeon?
I had breast augmentation 5 years ago. When my mother and I went in for my consultation I specifically asked for my implants to be placed under the muscle because I did not want to comprise not being able to breast feed in the fututre.Both my mother and I were very adimite about that.So I had my surgery and the past couple of years I have not been very happy with the way they look and one of them is a lot higher up un my chest than the other.So I went in to my previous plastic surgeons office for a consultation and was told that the impnat was encapsulated and I could have it fixed for $1200. I set the date but then started to have a bad feeling about the whole situation.I went and met with another surgeon who many of my friend have gone to and have had excellent results.So I went in and while I was waiting I started ready my operation report from my previous surgery that they had faxed over for the new doctor to see.And to my amazment it said that my implants were placed over the muscle,I was furious,and the new doctor also told me the implant was not encapsulated just not placed well.So I almost forked out another $1200 to a doctor for cut into my breast for nothing and screw it up again.Do I have a case?
4 Answers from Attorneys
Re: Can I sue my plastic surgeon?
It certainly sounds like you have a viable claim against the plastic surgeon. Did the new doctor provide you with a written report confirming the placement? Also, do you have any paperwork from the first surgery that would indicate your request for the implants to be placed under the muscle? I would be happy to speak with you further about your experience, feel free to call my office at your convenience.
Yours truly,
Bryan
877.201.8728
Re: Can I sue my plastic surgeon?
You are probably not timely.
Civil Code Section 340.5. In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. In no event shall the time for commencement of legal action exceed three years unless tolled for any of the following: (1) upon proof of fraud, (2) intentional concealment, or ...
You're at least two years past the deadline, if not four years past, unless you can prove fraud or concealment regarding his NEGLIGENCE, not just not following your directions. I doubt you can prove fraud, and you've already admitted publicly that you knew you weren't happy with the poor work [his negligence] a long time ago.
Re: Can I sue my plastic surgeon?
You are probably not timely.
Civil Code Section 340.5. In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. In no event shall the time for commencement of legal action exceed three years unless tolled for any of the following: (1) upon proof of fraud, (2) intentional concealment, or ...
You're at least two years past the deadline, if not four years past, unless you can prove fraud or concealment regarding his NEGLIGENCE, not just not following your directions. I doubt you can prove fraud, and you've already admitted publicly that you knew you weren't happy with the poor work [his negligence] a long time ago.
Put it this way, I wouldn't take your money to file that suit, and I wouldn't risk my client being hit with sanctions for filing in bad faith, knowing it was time barred.
Re: Can I sue my plastic surgeon?
Are you able to breast-feed?
Best,
Daniel Bakondi, Esq.
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