Do I have a case against my plastic surgeon? After a breast reduction surgery, I developed a painful hematoma under my left arm pit. My plastic surgeon told me not to worry about it and that it would go away on its on, even though I told him about the huge amount of pain and fevers I was experiencing. Instead the pain got worse, the fever continued and the area became more swollen. I went to see a general surgeon who then hospitalized me for a cellulitis infection. My medical bill is 26,0000 and my insurance only covers part of it.
2007-05-17 20:34:27 · 11 answers · asked by just a quiet person 2 in Politics & Government ➔ Law & Ethics
If you can prove negligence.
You signed things prior to the surgery stating you know and understand the risks involved in the surgery, so I doubt you have a case.
2007-05-20 09:00:34 · answer #1 · answered by Terri 7 · 0⤊ 0⤋
No, you would not. Breast reduction is an elective surgery prior to your the plastic surgeon operating, you would have been advised of the possible risks and signed a general release, which would legally absolve the physician unless there was gross negligence, of which celluitis would not apply as is an infection, a complication and risk of having had surgery.
2007-05-18 01:28:23 · answer #2 · answered by bottleblondemama 7 · 1⤊ 0⤋
Well, if you are wanting to sue because you developed the infection as a result of the surgery, then you are likely not going to win. As mentioned by other answers, you have to prove that the doctor grossly deviated from the standard recognized by other surgeons in this field of practice. I would venture a guess that such infections are maybe not common, but also not rare. As such, you were probably warned against complications and signed something regarding this possibility.
However, if you are wishing to sue because he failed to diagnose the problem when you went to see him after surgery, you MIGHT be able to do something. That would also depend on the standard in his field of practice. You have to be able to find answers to questions such as (1) did his failure to diagnose allow the problem to worsen, (2) is there any standard by which he could have diagnosed this problem, (3) are there standards set forth for plastic surgery which allow a surgeon to determine the cause of such pain? It would probably be difficult to win a suit against him, but if you really think you can you could try either medical malpractice or negligence.
Disclaimer: Not legal advice.
2007-05-17 20:54:06 · answer #3 · answered by eastchic2001 5 · 3⤊ 0⤋
You sure do have a claim. Getting an attorney to take the case is another matter. Getting one doctor to testify against another is not easy to get done.
You probably will have the best lick if an attorney sends the plastic surgeon a letter of intent. Quite often this is enough to get the person to just pay the bill. That is cheaper than a lawsuit and a lot less dangerous to the business.
Be wise and not vengeful.
2007-05-17 22:05:01 · answer #4 · answered by Anonymous · 0⤊ 2⤋
well, if the original doctor followed normal procedures which are followed by other doctors in the area of practice, and even if you do get an infection, that is no actionable, and you have to prove that the original plastic surgeon breach a duty, breach a reasonable care standard which is followed in the area of practice, that is DIFFICULT to prove..good luck..and for 26k, it's not worth going to court, more likely than not aim for a settlement..btw this is not legal advise....
2007-05-17 20:38:11 · answer #5 · answered by thesunshineking 2 · 1⤊ 0⤋
Sad to say but probably not. Any type of plastic surgery besides reconstructive from and accident is elective and you sign papers that you chose to have the surgery and understand the risks at hand including death!! they make you sign that paper do to the fact that yes things do go wrong and people will try to sue. You could try and fight it the most that will happen is the bill gets reduced!!! I would go to there office first and tell them your thinking of perusing legal action and see what they do, they will probably settle before going to court trust me!
2007-05-17 20:44:54 · answer #6 · answered by Anonymous · 3⤊ 0⤋
if your suing that mother f*cker will cost more money and 'em lawyer end up with your hard working $$ and won't know if you going to win or loose best way to do is seeking street justice.
2007-05-17 20:55:02 · answer #7 · answered by Anonymous · 0⤊ 2⤋
depends if he violated the standard of care
2007-05-17 20:36:41 · answer #8 · answered by ainger452 3 · 2⤊ 0⤋
yes u should teach him a lesson as example for other doctors.
2007-05-17 20:38:46 · answer #9 · answered by ratan c 2 · 0⤊ 1⤋
Certainly. He was negligent.
http://www.lawyers.com
2007-05-17 20:37:15 · answer #10 · answered by Anonymous · 0⤊ 2⤋