Can I sue my doctor for not taking out my breast implant with encapsulation?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I sue my doctor for not taking out my breast implant with encapsulation?
Asked on June 21, 2014 under Personal Injury, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 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).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.