Can I sue my doctor for not taking out my breast implant with encapsulation?

Asked on June 21, 2014 under Personal Injury, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

IF both of the following are true, you may have a viable lawsuit:

1) Your medical treatment was negligent, or careless (not up to currently accepted medical standards) in some way--such as if they should have taken out the implant with encapsulation; and also

2) You suffered some significant economic loss (such as large, unreimbursed or out-of-pocket medical bills to repair damage or treat illness caused by the medical treatment you received) and/or have suffered some significant and long-lasting disability, disfigurement, or impairment.

In a way, 2) is more important than 1): even if there is liability (that is, the doctor did something wrong), you can only recover compensation related to the extent of your costs or injuries; if you had few costs or not much injury, it would not be worth suing, since you might spend more on the lawsuit than you'd recover (especially because malpractice suits can be expensive; for example, you'd need to hire a medical expert).

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