Are pregnancy test required by plastic surgeons before they perform a breast aug?

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Are pregnancy test required by plastic surgeons before they perform a breast aug?

I had a breast augmentation October 16, 2016. I told the plastic surgeon I had a copper IUD as a form of birth control, which was still in place at the time of surgery. I found out Nov 9, 2016 that I was pregnant. On December 6. I met with my OB who put me at 9 weeks. He was mortified that they did not perform any sort of pregnancy test at all prior to my surgery because I was in fact pregnant during that time. I can’t believe something like that was overlooked. The medication he prescribed was class d during pregnancy for known harm to the fetus. If this was not negligent on the surgeons part then I do not know what is. I would have never paid 6,000 for an elective surgery only to put my unborn child at risk. My stress is making me ill. I am consumed with worry. I am wondering if this situation is legal? Isn’t a surgeon required to check something so serious? Thank you, Sharae Reed

Asked on December 7, 2016 under Malpractice Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Medical malpractice is negligence. Negligence is the failure to exercise due care which is that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm.
If the baby has any adverse consequences from the drug, proceed with the medical malpractice case at that time.
Prior to filing a lawsuit for negligence against the plastic surgeon after the birth of the baby with any birth defects caused by the drug, it may be possible to settle the case with the doctor's malpractice insurance carrier.
Your claim filed with the malpractice insurance carrier should include your medical bills, medical reports from the plastic surgeon and your OB, and documentation of wage loss.
Compensation for wage loss is straight reimbursement. The medical reports will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for the medical bills is straight reimbursement.
If the case is settled with the plastic surgeon's malpractice insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the plastic surgeon.
If the case is NOT settled, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights in the matter forever.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Why would it be negligent, or unreasonably careless, for the surgeon to not order a preganancy test when you told him you were using birth control and that the IUD was in place at the time of surgery? Under those circumstances, it was reasonable for the surgeon to conclude that pregnancy was not an issue. Based on what you write, this was not malpractice, since the surgeon's actions were reasonable.


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