Medical Malpractice – Botched Breast Surgery

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.

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.

At trial, the Plaintiff’s expert testified even though the Defendant had botched the surgery, the patient’s scarring could be markedly improved at a cost of between $5,000.00 and $10,000.00. After hearing all the evidence and closing argument, the Orange County jury returned a verdict in the patient’s favor for $160,000.00. The award even exceeded the amount requested from the jury.


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