Can I sue for an injury that occurred during plastic surgery?

Question

Can I sue for an injury that occurred during plastic surgery? I had a breast reduction and liposuction under my armpits. The liposuction was performed badly and I was left with a huge hematoma under my left armpit. Can I sue my surgeon?

My surgery was in April and it is now July. The hematoma is still present and painful. I have taken photos during the entire duration and can prove the severity of the hematoma.

Answer 1

You can sue him/her for anything you like ... unfortunately, that is how the American legal system works. However, to even have a chance of winning (let alone having your case accepted by the court) you will have to establish the surgeon who performed the operation(s) acted with undue negligence. All surgeries (especially elective surgeries) carry with them certain risks -- to which, no doubt, you were made fully aware before they were performed. You also, undoutably, signed a 'waiver of liability' before the surgery which, among other things, established you understood the risks said surgery would entail. Anytime you consent to treatment there is a risk things will not go absolutely correct. What you have to determine is if those complications were a direct result of any negligence or inaction by your surgeon. Even a skilled surgeon who does everything correctly cannot guarantee results 100% without complications. The question is how he/she acted, and what steps were taken.

For instance, one of my friends decided to have LASIK surgery done on her eyes. She asked me to come in with her to her preliminary consulation where, among other things, they established her eligibility for said surgery. They determined that since she had astigmatism in both eyes, and a relatively strong prescription than normal the manner to ensure BEST RESULTS was a wavelength LASIK machine (of course, it was more expensive). They very specifically informed her there was a 2% chance she could lose her eyesight, and a 20% chance the surgery would not achieve 20/20 vision results. They asked her to consider those risks before agreeing to the surgery.

Sure enough, my friend decided to go ahead with the procedure, and a month later I found myself right back there with her. They informed her several times during that interlude there were risks, and they could not guarantee she would have 20/20 vision afterwards. She signed a legal contract stating she understood the risks, and could not take legal action except in the case of negligence. As far as I was concerned they more than adequately informed her of the risks, and gave her ample opportunties to decline the treatment.

Turns out my friend became one of the 2% who lost her vision completely (in one eye). Luckily, it wasn't permanent (it very well could have been), and they were able to preform corrective surgery after 6 months ... fixing the problem. After all was said and done you'd think my friend would have been appreciative the LASIK surgeons and staff were so dedicated to helping her recover, and to correcting the complication. No ... she decided to sue them for negligence because she lost her sight in one eye for 6 months. The first thing I said to her was " BUT THEY WARNED YOU IT COULD HAPPEN, AND YOU AGREED TO TAKE THE RISK!" She was just angry she was one of the unlucky 2% ... that had nothing to do with anyone doing anything wrong.

You need to ask yourself if you are pursuing legal action because of some blatant negligent behavior, or simply because you are unhappy it didn't go exactly the way you wanted. If the latter is the case then I would not recommend suing anyone -- no one forced you to undergo these surgeries (hence, 'elective surgery'). Furthermore, if you file a frivolous lawsuit you run the risk of not only losing, but opening up yourself for a counter-suit.

Tragically, I'm sure there are numerous lawyers in your area whom would jump at the chance to litigate your case.

Answer 2

I had a Breast Reduction in April too and before my surgery my Plastic Surgeon and I had three 1 hour consultations running through everything that would be done and outlining the risks complications etc, such as nipple dying, breasts being uneven, infections etc. I had to initial every single point and then sign afterwards. I'm pretty sure that your surgeon would have covered themselves by having you sign all this too. There are HUGE risks from Liposuction (more risks than from the Breast Reduction) and I know that I signed forms for this too. I had Liposuction to the sides of my breasts and only now, 3 months later is my skin started to settle down and unpocket. After your surgery you take at least 12 months to recover so you may have to wait until after that time before you can do anything.

Have you raised this issue with your surgeon at your 1 day, 1 week, 1 month and 3 months check ups? Your surgeon would have noticed this at any one of these appointments and should be able to help your out or give you advise.

Answer 3

Being that a hematoma would tend to dissipate over time, I would doubt that it will still be visible by the time you get to court.

BTW, I am sure they mentioned the possibility of bruising when you elected to have this surgery.

How about leaving the court room open for the real malpractice cases. Or, next time, scedule your work during the winter time when you will be wearing long sleeves.

Answer 4

I think you have a great case if you can prove your assertion. You'll probably get a nominal settlement but you're entitled to monies if this story is correct. The liability form is meaningless if you have concrete proof. Hotwheel, scarring somoenes face during back surgery isn't a potential risk like in your situation. "they scratched my throat when they pulled out my breathing tube, i couldnt talk for 3 days" A sore throat is a potential risk with every insertion of a breatheing tube.

Answer 5

Doubtful you can sue unless you can prove negligence.

You signed papers stating that there are risks involved, and this would be one of them. I'm sorry to hear of your hematoma but these things happen with surgery.

Answer 6

I don't think a hematoma is a justified reason to sue.

Answer 7

1

Answer 8

yes if you can find a lawyer to take you,re case

Answer 9

i think so..
caue they didn;t do it right idk you should ask buy i would ha