QUESTION

Is my doctor liable for puncturing my breast implant during a surgial proceedure to remove a mass in my breast?

Asked on Apr 27th, 2012 on Medical Malpractice - Illinois
More details to this question:
I have had breast implants for a number of years and in oct. 2010 I discovered a lump through self exam. I had it removed in Feb. 2012 then about 2-3 weeks after surgery I noticed my breast seemed flatter and smaller. I informed the doctor about it at my follow-up appt. and she said it was most likely the removal of the mass makingmy breast seem smaller. After another couple of weeks I noticed it getting worse and made an appt. with my surgeon who did my augmentation. He said right away that my implant was leaking. He asked me if I have had anything done that I rememebr that may have resulted in a leak. I told him about the mass removal surgery and he sugested along with myself that is what caused the leak. He said he can send it off to the inspection center after removal. Will the physician that removed the mass and therefor knicked my implant be responsible for the $4,635 it''s going to cost to replace them?
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1 ANSWER

Michael Clancy
The short answer is maybe-- it depends where the mass was in relation to the implant and other details of the procedure.  Even if the answer is yes, you might have a problem because med mal cases are expensive to move forward (mostly because you have to hire expensive experts right at the start of the case) and your case might not have enough value to support the costs and fees.  The only way to know for sure is to gather your records from both the surgeon who removed the breast mass and your augmentation surgeon who discovered the leak and call a lawyer who does med mal work and let him/her take a look and let you know what they think-- there shouldn't be a charge for case review. Good luck.    
Answered on Apr 29th, 2012 at 12:30 PM

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