Legal Question in Medical Malpractice in California

I have had the same breast "fixed" 3 times. I told the Dr. there was a problem during the last surgery's follow-up and he told me there was not a problem and that my breast would look more normal after all the swelling and settling took place (one year-ish). Now, 2 years later I have a mammogram and it shows the implant is sitting on the floor of my breast.

What recourse do I have?

What is the surgeon's responsibility, if any?

Why would I let him perform surgery on the same breast for the 4th time and at whose expense?

Is this a malpractice issue?


Asked on 9/09/10, 5:22 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

If you are claiming medical malpractice, your claim must be supported by the opinion of a doctor who is an 'expert' in that field of medicine, who is prepared to testify in court that there was medical malpractice, meaning your treatment fell below the acceptable standard of care and caused the damage or death. Neither your opinion about malpractice, nor mine, is relevant or 'proof' of malpractice. You are not supposed to file suit without having that expert opinion available. Consult with your other treating doctor[s] to see if they are willing to provide that opinion and testimony, or you can contact independent experts for that purpose. I can provide referrals and assistance if necessary. Then, if you obtain such an expert's testimony, and if you determine that you have a case with MERIT [provable malpractice and a likelihood of winning], VALUE [substantial provable damages] and COLLECTABILITY [defendant with substantial assets or insurance], then you would have proper grounds to bring your legal claims in a lawsuit. Keep in mind that you have only one year maximum from 'notice' or learning of the malpractice to bring suit. That can be extended for up to 90 days by timely sending them a 'notice of intent to sue' before the year runs out. Please contact me to discuss the situation.

Read more
Answered on 9/14/10, 6:31 pm


Related Questions & Answers

More Medical Malpractice Law questions and answers in California