Legal Question in Medical Malpractice in Florida

Sick & badly scared from Saline Implants

In March 1999 I had a breast reduction and saline implants put in for fullness. I was informed that my breasts would sag without implants. The operation took 6 hours, & the Dr. accidentally sewed one of the drains to something (I believe it was the implant) in my left breast, causing yet another surgery 3 days later to detach the drain. He marked me one way before the surgery, but cut me another. He said he decided to experiment with something new mid-surgery! He lied in my chart about my satisfaction. I was left horribly scared. I have skin flaps under my breasts, and I'm in constant agony. I've been getting progressively sicker since the surgery. One year after my surgery, one of my incision spots opened up and pieces of gauze came out of my breast, along with yellow fluid. My left breast is completely deflated, my right breast is partially deflated. I am in constant pain. I don't have insurance, so I cannot get fully checked out. All I know is that I used to be strong and have lots of energy, now I can barely make it through a day. My 5 year old daughter has missed out on having a real Mom for almost 3 years now. There is much more, but this question is already long enough. thanks for your help!


Asked on 11/30/01, 9:23 am

3 Answers from Attorneys

Anthony Comparetto Comparetto Law Firm

Re: Sick & badly scared from Saline Implants

One you have a statute of limitations problem so you need to call an attorney TODAY. Statute of Limitation is two years from date that you knew or should have known of malpractice. Do not get depressed you still may have a claim on other grounds. You can call me at 727-328-7900 A.J. Comparetto, Esq., or for more information on malpractice in Florida go to http://www.florida-malpractice-law.com Good luck.

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Answered on 11/30/01, 10:20 am
Charles Morehead Morehead & Sweeting P.A.

Re: Sick & badly scared from Saline Implants

I agree with the first reply. You may be able to get around the statute of limitations if the doctor assured you that everything was fine. I will help you if you call me. Charles Morehead (Floridatrial.com 954-524-8911)

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Answered on 11/30/01, 10:26 am
Frank Shooster Shooster Kahn & Kleinman, P.A.

Re: Sick & badly scared from Saline Implants

This doctor has no business practicing medicine. You will not only be helping yourself, but many others if you have him held accountable for your nightmare.

Both of the previous responders have given you good advice. The statute of limitations generally starts running from the date you knew or should have known that you were a victim of malpractice. Yes, there are exceptions, but you are better off taking legal action immediately, since it may already be too late.

Though I am not a doctor, common sense says that in addition to your need for medical treatment, you should seek help from a qualified mental health counselor to assist you in dealing with the psychological aspects of your trauma. You mentioned that you don't have insurance so that may be a problem, but there are government funded mental health centers that offer treatment at highly reduced rates for persons who lack funds. There are also therapists who would see you at reduced fees provided they can have a lien for the balance from any proceeds you might recover.

Your lawyer may be able to assist you in getting both medical and psychological treatment from health providers who are willing to wait to get paid.

You deserve to be compensated and your daughter deserves a full-time mom. Good luck.

If you want to pursue legal action, you should act IMMEDIATELY. Most attorneys will offer you a free consultation for this type of case and will represent you without requiring you to pay them anything unless you win.

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Answered on 11/30/01, 12:19 pm


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