QUESTION
Medical Malpractice/ Personal Injury
Asked on May 14th, 2014 on Medical Malpractice - Colorado
More details to this question:
I had a breast augmentation & a breast lift through a military hospital. However, I told my doctor I did not want a breast lift and I received one anyway. He was suppose to change the paperwork on his end to reflect only a breast augmentation. I spoke with a Patient Advocate immediately after seeing my breast and the Dr. who performed the surgery admitted to the Advocate that he made a mistake by giving me the breast lift. Because it is military I've been told through JAG that I need to file a Tort Claim for damages. Is this the best thing to do? I just want to know legally what I can do and what direction I should take. My breast are forever changed and I there are several serious mistakes that will need to be corrected as well. If I request a claim for damages what is an appropriate number to claim on something like this?
1 ANSWER
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To pursue a Federal Torts Claim Act (FTCA) claim, you must follow the strict procedure for filing. Most important is the deadline for giving the government notice of your intent to file a lawsuit - this must be done within 180 days of medical malpractice. To learn more about FTCA claims, please see http://www.chalatlaw.com/malpractice/medical-malpractice/ftca-lawyers/.
As to the value of your claim, that will be strongly dependant upon the actual damages you have suffered. If the surgery was elective for purely aesthetic reasons and the only harm was the breast lift, a change in their appearance which the surgeon undoubtedly will argue was an enhancement, then the claim might not be worth enough to justify the expense of a lawsuit. However, you indicate that "there are several serious mistakes that will need to be corrected," so it appears there is more to your damages than simply a breast lift. You should consult with an attorney experienced with FTCA medical malpractice claims to fully learn about your options.
Answered on May 15th, 2014 at 3:25 PM