Legal Question in Medical Malpractice in Texas

I had a breast augmentation 2 years ago and they looked terrible. I found another plastic surgeon in March of 2008, a year after my first surgery, and he performed a breast augmentation and lift. It has now been 11 months since my surgery and my right breast is saggy and flops over. I mean that it does not stay in place, when I bend over it looks like a deflated water balloon and there is an implant there. (pretty gross!!!) Now I brought it my plasic surgeon's attention every time I went to a check up, the first few times he said that I was still healing. Then after a significant amount of months, he started telling me that I need to wear a bra with an underwire and to put a pad in the right side to even it out. I am like are you serious? I pay 8 grand and you tell me to wear an underwire, after having a lift (which is why I had a lift---duh). This was ongoing and each time I came out of his office more depressed. When I told him that my left breast could have been lifted more because they both looked droopy, the left one was worse though. He just acted like I did not know what I was talking about. Then I decided to go to 2 other plastic surgeons for 2nd and 3rd opinions. They both informed me of my rights and pointed out that the scar line is way uneven on each side, which meant that it was his fault. He also left the portion of my old nipple on the scar line, which I had always asked my previous doctor about and he said it was just dark in that area. I contacted my doctors office and went into see him and he said he would have to move it over and told me I would still have to pay almost 3 grand to repair it. Now his cost is free, but I understand having to pay for the anesthesia, but I should not have to pay for the surgery room too. I had decided that I wanted to just do it, but then I called them and they never answered the phone or when they did the doctor would not be in or the receptionist would say I am still waiting on a word back from the hospital.That would be fine, but it had been almost 2 weeks... Can I sue him?


Asked on 1/31/10, 7:48 am

1 Answer from Attorneys
Edgardo Baez The Baez Law Firm, P.C.

To make a determination of whether you have a case or not, we would have to see the medical records, to have our doctors make a determination. They would need to say that, your doctor, deviated from the "standards of medical care," in order to be able to sue him. Let us know if you would like us to review the case.

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Answered on 2/05/10, 8:06 am


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