Legal Question in Medical Malpractice in Michigan

Bad Breast Argumentation

I had BA 3 weeks ago, I asked for full C cup, before surgery I came back to the office expressing concerns that the size he is suggesting is too large for my body, and I don�t want have porn star look, my doctor said that I should follow his advance and trust his expertise and go with D cup. I came out DD cup. Plus placement is very uneven, because one implant is placed under muscle other on top, I agreed to sub-muscular (under muscle) placement. When I asked doctor if both implants are placed under the muscle he said yes, however I don�t believe it is true. If Simple ex-Ray or MRI can proves he is wrong, can I sue him for malpractice?


Asked on 4/08/06, 2:21 pm

2 Answers from Attorneys

Re: Bad Breast Argumentation

The first step in my analysis of every malpractice case is to determine whether you have suffered SUBSTANTIAL harm if indeed there is malpractice. If you have suffered very significant harm sufficient to warrant investment of about $30,000 in costs to prepare a medical negligence case for trial, we next try to determine whether malpractice actually exists. Doing so requires the opinion of another physician.

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Answered on 4/08/06, 2:34 pm
William Stern William Stern, P.C.

Re: Bad Breast Argumentation

These types of cases are very different than most. First, the documents that you signed prior to the surgery are used exclusively against the patient, in order to make it much more difficult to sue. The size discrepancy is also difficult because it involves a matter of judgment. Perhaps the implants were misplaced. That would take another surgeon to diagnose. What I would do is first, keep in mind that the statute of limitations on these cases is extremely short......2 years from the date of the surgery. You can't wait until the 2 years is almost up. You must act immediately. Second, pick a surgeon out of the area for a second opinion. Look out of state and make sure that you pick one who will give you a disinterested opinion. You'd be surprised to find how many will go out of their way to screw a patient suing a doctor. If you find that the first doctor committed malpractice, then act immediately but get on this because the time limit runs fast. I have an old friend in Hollywood Florida who is board certified in plastic surgery who may be able to help. Feel free to give me a call. William S. Stern, Southfield, Michigan

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Answered on 4/09/06, 10:08 am


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