Legal Question in Medical Malpractice in Illinois

Dissatisfied Breast Augmentation Surgery

I had a breast augmentation on 1/25/02.It was agreed upon between the doctor and myself the size of the implants being used/the size of the breast after surgery.The doctor took it upon himself to use smaller implants and now is trying to discourage me from having it redone.The doctor commented after surgery ''he would have liked to have done some liposuction around the armpit because there are fat pockets there, but he didn't have my consent''.He didn't have my consent to use smaller implants. When I explained to him that I was not happy with the size, it was not what we agreed upon, his response to me was ''well it's more than you had before''. He told me he would contact the implant company and explain he had a dissatisfied patient and see if he could exchange them. He claims that he is waiving his fees to make me happy but there still is the surgical fees to consider, plus the fact that I'll be off work for a week and have to depend on others for help for weeks plus go through the pain and healing process again. If this would have been done right the first time I wouldn't be dealing with this. I want what I paid for and I need to know my legal rights before I go to the doctor on 8/28/02.


Asked on 8/26/02, 2:33 pm

1 Answer from Attorneys
Zachary Bravos Law Offices of Zachary M. Bravos

Re: Dissatisfied Breast Augmentation Surgery

I see you have a deadline to meet, but I only received your inquiry today.

Medical malpractice is not as easily established as it at first seems. It is not always true that when bad things happen, the doctor is at fault. Doctors are not guarantors of healing and neither are they predictors of the unforeseeable. Doctor�s are liable when they fail to meet the minimum standard of care in their profession. Thus, to win against the doctor, you would need to present expert testimony to establish the standard of care against which the defendant doctor�s conduct is measured.

In this case, the question then is whether doctors engaged in implant augmentation surgery make such size substitutions as a part of the practice of their profession, or is substitution below the minimum standard of care.

If substitutions are within the standard of care, then you might insist the doctor should have warned you that substitutions might be made (i.e., informed consent). To prevail on a claim of lack of informed consent, your expert witness must show that the reasonable professional standard of care would require the doctor to inform you of this particular possibility.

Be aware that, in Illinois, you can�t even maintain a suit against a doctor for malpractice unless you have a sworn affidavit from a comparable professional saying that the defendant doctor failed to meet the standard of care.

There�s more to consider. A personal attorney-client relation would allow you to provide more info, ask more questions, and receive more help.

This e-mail reply does not constitute legal advice and does not establish an attorney-client relationship. We provide responses to email questions for information purposes only. The information is provided as a convenience, and we make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information.

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Answered on 8/28/02, 2:07 pm


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