Can I sue for a collapsed lung from a breast enlargement?

Question

I had a breast augmentation done, durning the process my lung was nicked. It collapsed according to the doctor about two hours after surgery. He called in all sorts of doctors to fix the lung. I had a chest tube put in, and woke up in ICU a few days later not knowing what when on. It took the last day of my hospital stay, which was one week and one day, to get the doctor to actually tell me what happened. I still don't believe his version. I would like to know if there are grounds to sue. I am still having problems, I was sent home with an oxygen machine and 4 tanks of oxygen. Is this a botch job?? I don't understand how my lung can get knicked during this proceedure. There are too many things in between to go through the ribs and such to knick my lung. Are there grounds and what do I do?? Not to mention they are not the same size. The left is noticably bigger than the right. And I still have a lot of pain. It's only been since Oct. 15th of this year.

Answer 1

Anyone can sue anyone else for anything.

The question is, "Can you WIN?".

To win money for medical malpractice, you have to prove not merely that the Dr made a mistake, but that he was negligent in so doing.

Accidents happen, and when you go into surgery you accept that risk - that's why you sign a consent form. Only if the Dr's actions that caused the problem were negligent - ie he failed to exercise "reasonable care" - can you win a medmal lawsuit.

EDIT - as a follow up to a couple of the other answers.... Signing a consent form and waiver of liability will prevent you winning a lawsuit if the Dr simply made a mistake. It will NOT necessarily stop you winning one if he was actually "negligent", and that is why he made the mistake.

Richard

Answer 2

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Answer 3

Hi, I wanted to tell you about my experience with the CurvyBust cream. I'm 24 years old and I've spent pretty much my whole life wishing I had slightly larger breasts. I'm normally a size A, I'd love to be a size B, especially when I wear certain kinds of low cut tops. I have a good figure, and I like what I have, but every now and then I would like a little bit more. Even if I had the money, (which I don't because I am a college student with loans to pay off), I would never consider going under the knife just to go up 1 cup size. So that's been my dilemma.
I found out about curvybust cream when I was flipping through (Yahoo Answers). To be honest with you, I'm not the type of girl who would consider spending money on a cream that promises to increase breast size. It just seems like an impossible thing to claim. But there were three reasons that I decided to go for it:

1) I contacted them via their website because I had a question about the cream being OK for sensitive skin (which it is, because it is made of natural botanical ingredients.)

2) I was really impressed by their customer service and willingness to explain everything to me. 3) They offered me a free 12 day supply with no obligation, (I just had to pay the shipping costs- I wasn't too thrilled with that but it was still worth it to get the free product).

Well, it's actually working! There is a noticeable difference in the size of my breasts! It's only been 10 days, and they say that the true final results won't appear until about the 4-6 month time frame, but based on what I can see, (and what my boyfriend can feel�) there's definitely a difference. My breasts are standing out more, and they are fuller and rounder. Sometimes I am able to go out without a bra, now I can't. And I have a feeling that I might have to actually buy new bras if the growth continues. I'm looking forward to seeing how the next month goes. There might actually be a size B in my future! Woohoo!

Answer 4

This exact thing happened to me a month ago and as to the person that replied that you could not have got a collapsed lung from breast surgery you are wrong!! I had a breast lift and implants and woke up unable to breath properly. I also had to have a chest tube to take air out and re inflate my lung....so very painful!! My plastic surgeon believes that when he injected many local anaesthetic injections one pierced my lung. I am still not feeling right and have constant pain in the lung area. I have decided not to sue as I chose to have this surgery and knew there could be risks. You must do what you feel is right for you and I would love to know the outcome.best of luck to you

Answer 5

Oh, how truly awful!

Omigosh YES! you have a case in any common law jurisdiction. You'll be going up against VERY big guns. The medical establishment is armed to the teeth with legions of attys and does not settle -these guys fight to the death. If you win at trial, they'll appeal. But on these facts, I'd say you have a very winnable case to pursue. Do so! ASAP! The LIMITATION PERIOD (the time you have to make a claim) is ticking. You will need an atty - PLAINTIFF'S COUNSEL with expertise in the area of MEDICAL NEGLIGENCE. Hurry! Contact state/provincial bar association and request a LIST of names. Before committing, ask each if they have experience in this area and, if so, can they list a few of their wins by name, i.e. Smith v. Jones Negligent Physician. It's likely you'll find attys who represent only clients who are victims of botched breast surgery. For each atty, look up the cases s/he lists at your local Superior Courts Reasons for Judgment database. Then read them! It will give you a better picture of what you're up against.

If atty is reluctant to list cases, hang up. What are they hiding? Judgments are a matter of public record. And an informed client is a good client! Anyone who disagrees with this premise is not for you. There will be many decisions to be made in the course of this litigation so openness is key.

Generally, medical negligence attys are quite senior and consequently expensive, but it sounds as if this your surgeon has some serious explaining to do AND HOW!

Hurry, hurrry and best of luck.

Answer 6

No one can tell you whether or not you have a lawsuit because we don't have all the facts. I would recommend speaking with a malpractice attorney.

You are right about there being many things between the pocket use for breat implants and the lung. And to quote Forrest Gump "that's all I have to say about that."

Answer 7

You can sue for anything. I plan to sue the next person that posts the "can I sue for..." question. I will lose. You may or may not, depending on the evidence in your case. You will need another medical opinion, you won't get far without a doctor saying "Yes, this doctor did this wring and it caused this harm".

See a lawyer.

Answer 8

your breasts are outside your ribs, your lungs are inside your ribs. It is impossible to nick a lung while having breast surgery. The collapsed lung must be for another reason.

Answer 9

Since this was elective surgery, i'm sure you were warned of risks involved and signed a wavier.

It would depend on where yo live as to whether you had any legal recourse.

Answer 10

Contact a lawyer that's not affiliated with the hospital or Doctor>