What are my rights regarding botched reconstructive surgery?

I had a double mastectomy last year and opted for immediate reconstruction. Well, to say the least, the reconstruction did not go well. I am currently going through the process of having it redone which involves numerous surgeries. My original plastic surgeon the one in question left out many necessary steps in reconstructing my breasts. Leaving me with very undesirable results. It was not until I went to several other plastic surgeons to get their opinion whether or not anything could be done to improve the appearance of my breasts. They both said “yes” absolutely, and informed me that had my original surgeon followed proper procedure, the current revision I am now going through could have been avoided. Do I have a case?

Asked on October 19, 2015 under Malpractice Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In order to successfully bring and win a case for a malpractice claim, it must be demonstrated that 1 due to a doctor's negligence 2 their patient suffered harm as a result. d on the facts presented, it appears that you suffered physical harm from the apparent gross negligence of your surgeon.
In such cases, the question as regards to negligence is whether or not the doctor surgeon breached the applicable "medical standard of care" under the circumstances. Basically in your case this means, would a surgeon with similar training in the same medical community have performed the operation differently? The answer here appears to be yes.
At this point, since you have such a seemingly strong case, you should consult directly with a medical malpractice attorney ASAP.

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