Are there grounds for a lawsuit if my breast implant was ruptured during a mammogram?

Asked on February 18, 2015 under Personal Injury, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The issue is *why* did it rupture. The law does not require medical professionals to be perfect--sometimes, they do everything they are expected to do, but still have bad outcomes, and when that happens, they are not liable. So if either 1) you never informed them you had implants, so they did not know to take precautions; or 2) they did know, and did everything normally recommended or expected to be done, but it ruptured anyway, then in these cases, they would most likely not be liable. However, if the rupture occured because, knowing you had implants, they still failed to take proper precautions or conduct the exam the right way for someone with implants, then in that case, they may be liable.

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