QUESTION

Do I have a case if two weeks after surgery, I suddenly had a terrible pain in my right breast?

Asked on Jan 04th, 2014 on Personal Injury - New York
More details to this question:
Three months ago, I had a breast augmentation done by who I thought was a reputable plastic surgeon. I tried to contact my doctor and once I was finally able to get a hold of him, I was in tears begging to be seen as I thought something was seriously wrong. He didn't want to see me that night, but instead asked "couldn't you just wait until tomorrow" I urged him that I needed to be seen. He had me take two valium, and then two roxicet. Nothing was dulling the pain. Finally he agreed to meet me at his office. I got there and he said he didn't know what was wrong. My breast had rapidly migrated all the way to my collar bone, and I was sure there was bleeding inside. I asked him multiple times if it was a capsular contracture. He told me no it is not possible for it to happen this fast, and that I needed to just wait. He said it was a muscle spasm, and on top of the other medications I had already taken he gave me two vicodin. I begged for something more to help. The pain wasn't helping. He sent me home and told me I would be fine. I spent a week in bed I couldn't move my right arm. I saw him every other week for another five weeks. Nothing was improving, and his staff just began to ignore me. They wouldn't even look up from their desk to acknowledge me. I sent him photos during this time documenting new bruising, and saying I think I have blood in the pocket. He said I should be fine. I knew I had a capsular contracture, and a hematoma. He did nothing to drain this hematoma, nor did he admit there was a problem. After five weeks of enduring the pain at my final visit he told me he still thinks it would fix itself. His last suggestion was that I hang in there, and instead of continuing to monitor me he would see me in six weeks. During that five weeks I had turned to an online site of board certified plastic surgeons.
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4 ANSWERS

Criminal Law Attorney serving Columbia, SC at O'Leary Associates, P.A.
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Need a second medical evaluation with a doctor outside original doctor's practice area.
Answered on Jan 10th, 2014 at 6:47 PM

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James Eugene Hasser
It takes the opinion of a medical expert to answer your question. Medical malpractice lawyers typically have such experts available. Consider consulting one.
Answered on Jan 08th, 2014 at 10:01 PM

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Ronald A. Steinberg
Lady, you get a second opinion. Contact someone in another city and pay for the examination. Sometimes, even if the surgeon does everything absolutely perfectly, there may be a bad result. Sometimes the reason for the bad result is that the doctor screwed up. Whatever the reason, the first thing for you is to find out what is wrong and if it can be fixed, to have it fixed. Then, if the first guy did something wrong or failed to do something right, you can consider suit. You will need an expert to testify on your behalf. Without one, you will lose.
Answered on Jan 08th, 2014 at 10:01 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough. You will need to get copies of ALL of your medical records and have a doctor review them; if he/she is willing to testify that the surgeon failed to conform to accepted practice, then you have a case. But even then, you have to prove how much worse you are as a result of the malpractice. These cases are difficult and expensive to prove and they do not settle out of court. So unless you have permanent injuries, it may be cost-prohibitive to go forward even if malpractice was committed.
Answered on Jan 08th, 2014 at 12:30 PM

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