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MEDICAL MALPRACTICE – BOTCHED BREAST SURGERY

Paul W. Ralph
Paul W. Ralph

Attorney At Law

An attractive woman in her 30s was seen by an OB/GYN (not a board certified, plastic surgeon) holding herself out as a “cosmetic” surgeon. The doctor claimed a record of performing, among other things, “scarless” breast augmentation. Since an earlier surgery had resulted in some scarring around the areola, the young patient was looking to have the scars improved, via a scar revision and breast lift with augmentation.

Orange County Breast Surgery Case

The defendant doctor assured her patient she would improve the scarring already present, but botched the procedure when she performed a “donut mastopexy” (where a round area of skin is removed from around the areola to lift and tighten the breast). The excessive tension placed on the areolar complex was enough to spread scarring around areola such that it looked like a closed, draw-string purse.

Medical Malpractice Trial

During trial the patient contended the surgeon was negligent in performing the removal of breast implants and the circurnareolar lift. The plaintiff was a 37-year-old manager of a hair salon. The defendant in the case was a board certified obstetrician/gynecologist and “cosmetic surgeon”.  The defendant was not board certified by the American Board of Plastic Surgery.  The patient had consulted the defendant because she wanted to have her breast implants removed and have a breast lift and old scars revised. Approximately 10 years prior to her first visit with defendant, the plaintiff had undergone breast augmentation with a “donut” type (circumareolar) lift. The earlier lift had resulted in some scar spreading around the nipple-areolar complex. The patient’s desire to have the implants removed (so as to be completely natural before getting pregnant) and this scarring reduced prompted her to seek out a female surgeon to perform the operation. The patient located defendant from a local advertisement in which the doctor held herself out as a “board certified” cosmetic surgeon.  The American Board of Medical Specialties does not recognize that certification.

At the conclusion of the evidence, the plaintiff’s counsel asked the jury to award between $95,000 and $140,000 consisting of the future surgery, past pain and suffering and future general damages. The plaintiff was a very attractive and likable woman who came across as convincing and sympathetic. She was in tears throughout a good portion of her time on the stand and her description of the pain, discomfort and embarrassment was credible. After the verdict, the jury indicated that the plaintiff’s expert was an outstanding witness who simply devastated the defense. The jury further indicated its belief that this was an indefensible case of malpractice, which lead to their award of the $160,000.00 verdict.

Contact an Experienced Malpractice Attorney for Help

If you or a loved one has been the victim of medical malpractice, contacting an experienced malpractice attorney can be the most important first step toward obtaining compensation for the injuries and damages suffered.  Mr. Ralph has decades of experience handling malpractice cases, from inception and through trial.  He can be reached via e-mail or by calling the phone number below.  All personal injury consultations are free.  Tags: botched breast surgerymedical malpractice attorney

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