Legal Question in Legal Ethics in California
Who's Decision?
My breast implants are not the size I said I wanted. The fitting was decided at 375cc's, the nurse wrote in the chart 350cc's, and the Dr. used only 320cc's. I am of the stature to carry a full C bra size, which I adamently told them I wanted, and paid in full at the beginning. I came away with a full B cup. The same size I had in the beginning. Now, will I have to pay this or another Dr. to make me the size bigger that I wanted? I feel the Dr. needs to re-do the implants at what I personally have chosen, with absolutely no cost to myself. Including anethesia, hospital, all medications, and the motel room I had to rent. How do I get him to do this without endangering patient/dr. relationship, and fear of retaliation, ie;DD cups. He feels I am unreasonable in the size I want, my family and friends all agree that the size I chose would be perfect. Thank you for your time.
1 Answer from Attorneys
Re: Who's Decision?
If there's a writing that shows the size you wanted, and the doctor agreed to do it, then you're entitled to have that for which you contracted. The only issue I can see is that there might be a question of trusting him to correct the surgery. So I would argue that he should pay for a colleague of your choice to do the corrective surgery, plus all the other related expenses.
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