Plastic surgery results uneven/breach of contract/lasting pain

This is a discussion on Plastic surgery results uneven/breach of contract/lasting pain within the Medical Malpractice forum, part of the HEALTHCARE LAW & MALPRACTICE category; I have a few reasons I'm very unhappy after having cosmetic surgery. I had surgery in April 2012. It involved ...

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Old Jul 22nd, 2012, 08:30 PM   #1
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Default Plastic surgery results uneven/breach of contract/lasting pain

I have a few reasons I'm very unhappy after having cosmetic surgery. I had surgery in April 2012. It involved liposuction and a fat transfer as well as a breast augmentation.

I came in complaining of saddlebags and asked if he could move fat to the area right above my problem area. I guess its a bit hard to explain without showing you (I did show the doctor though) but it was made clear that my goal of the surgery was to have an hourglass figure. The doctor said that if he did a buttlift he could do that and also give me a perkier rear which would help that area look more rounded and add to the hourglass effect. I thought that sounded great and agreed.

The day of the surgery they gave me a form listing different areas of the body. I was asked to initial the areas I consented for the surgeon to remove fat from. I did not initial my back but he still took fat from there. The area he removed fat from is still very painful to the touch although I've been told I should be healed by now. To me this is a breach of contract because I never gave him permission to touch that area.

The area under my butt is completely asymmetrical. It was symmetrical before and I was okay with wearing a bathing suit. I feel so uncomfortable now that I can't even bear to wear shorts. I don't have an hourglass figure and the before/after pictures look almost identical.

Also, most of my breasts are numb now. I understand that that is a risk of surgery but I've also been told that it can be caused by a surgeon using too big of an implant. I went to another surgeon who said my original doctor used an implant that was too large for my body. He also said that it contributed to excessive stretch marks post op.

Would these reasons be valid for suing? Im only looking for compensation to have the surgery redone and pay lawyers fees.

Also, I have another follow up appointment this week. Should I ask for all the paperwork and records relating to the surgery?
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Old Jul 22nd, 2012, 11:30 PM   #2
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Default Re: Plastic surgery results uneven/breach of contract/lasting pain

I wish to inform you that you can claim negligence of surgeon as a reason for compensation. In this regard you can take all your medical file and have opinion from some other surgeon and know all the acts of negligence which was done during surgery. You may then claim compensation for mental pain and suffering as well all your expenses from surgeon. If your surgeon refuses to pay then a lawsuit can be filed by you. You can show evidence of expert in your support.

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Old Jul 23rd, 2012, 09:52 AM   #3
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Default Re: Plastic surgery results uneven/breach of contract/lasting pain

You are entitled to a copy of your medical records. As to the competency of the procedure and physician, you will need the opinion of another plastic surgeon. If the other surgeon believes after examining you and your records that the procedures were not done to the standard of the profession, then you may have grounds for compensation (damages).

IF you receive such an opinion from another doctor (expert opinion), then you should consider consulting with an attorney who concentrates his practice in medical malpractice.
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Old Jul 23rd, 2012, 05:06 PM   #4
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I appreciate the feedback. I've made an appointment with another local surgeon to get his opinion as well as made a request for all my medical records.
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