If you've always been dissatisfied with the size or shape of your breasts, you may have considered cosmetic surgery or other techniques as a way to achieve the look you've always wanted. While padded bras and contoured liners can provide some of the boost you need, you may grow tired of planning your outfits around the type of undergarments available. However, even for those who are looking to increase their bust by several cup sizes, waking up in the recovery room to find that your breasts are significantly larger than you requested can be a tremendous physical and emotional blow. What options do you have if you feel your cosmetic surgeon took liberties with your breast augmentation? Read on to learn more about your rights and remedies.
What are your rights when it comes to cosmetic surgery requests?
Although cosmetic surgery began as a way to restore function and form for combat veterans who lost or damaged their eyes, ears, noses, and other facial structures in World War I, most cosmetic surgery today is now deemed elective. As a result, the line between patient desire and physician discretion is blurred when compared to other types of surgery. For example, a patient who goes in for an appendectomy likely won't have much discretion to tell the doctor how much to remove or where to position the scar, whereas a patient who seeks liposuction will be able to provide some input into which body parts to target and how much fat to remove. Although the physician has the right to refuse to perform procedures that could harm the patient (even if the patient consents to the risks), and may guide the patient into choices that will be better long-term options, he or she is unable to make these decisions on the patient's behalf without consent.
This means that if you and your surgeon discussed and agreed on implants of a certain size and material, and you awake to discover that the implants are not the ones you agreed to, you may have a legal claim against the doctor who performed your surgery and perhaps even the hospital in which it took place. You may also have a right to sue if your doctor solicited your opinion on the changes he or she made after you had already been medicated – if you were unable to understand or remember what you were signing at the time the agreement was made, it will be considered legally unenforceable.
What should you do if you feel your rights have been violated by your recent breast surgery?
If you feel certain that your physician went against your wishes during your recent surgery, you may want to contact an attorney right away. Most states have strict time limits on the filing of a medical malpractice claim, and if you wait too long to seek assistance, you may find that your legal rights have expired.
You'll also want to consider what you'd like to gain from filing a lawsuit. In some cases, you may be happy to settle for nothing more than a follow-up repair surgery free of charge. In other situations, the damage to your breast tissue may be more extensive or require ongoing care, leading you to seek additional damages for medical expenses, lost wages, or pain and suffering. Whichever path you take, you'll be in a better position to enter settlement negotiations if you've already decided how you'd like to see the case resolve.
Finally, you'll need to begin gathering evidence, like medical records, witness statements, and even photos of your augmented breasts. Although an attorney or law firm can do a great deal of the legwork for you, having this information readily available will make the process much quicker and simpler. You'll also need to take care to document evidence that won't be available for trial. For example, taking photographs of bruising, puckered skin, or swelling that may decrease as you continue to heal can give the judge or jury a literal picture of what you've gone through during this process.
For more information and options, talk with an attorney, such as those at R.J. Marzella & Associates, P.C..
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