As the demand for breast augmentation has grown, the number of breast implant malpractice claims has also grown. Breast implant malpractice occurs when a patient is injured or dies as a result of breast implant surgery.
What Can Go Wrong?
As with any surgical procedure, there is a degree of risk associated with breast augmentation surgery. However, there are a number of injuries which may give rise to a breast implant malpractice claim, including:
- Sepsis and other life threatening infections;
- Breast and chest pain;
- Leakage, deflation, and rupture;
- Changes in nipple sensation;
- Capsular contracture;
- Scarring and disfigurement;
- Improper placement of the nipple;
- Asymmetry;
- Rippling;
- Adverse reaction to anesthesia; and
- Death.
When a doctor is negligent in performing a breast implant surgery, not only does the victim suffer physical injuries, she may also suffer emotional and psychological trauma as well. Moreover, many victims must undergo costly and painful reconstructive surgery.
Statute of Limitations
A victim of breast implant malpractice has only a limited amount time to file a lawsuit. This time period is known as the statute of limitations. The statute of limitations in medical malpractice lawsuits varies from one state to another. In some states the statute of limitations begins running on the date the injury occurred, while in others, it begins running on the date the injury was discovered.
Proving Liability
A plaintiff in a breast implant malpractice case must prove four elements in order to recover damages. She must prove:
- That there was a doctor-patient relationship that gave rise to a duty of care;
- That the doctor breached the duty of care;
- That the plaintiff was injured; and
- That breach of the duty of care by the doctor was the proximate cause of the plaintiff’s injuries.
A key component of any medical malpractice law suit is damages. Even if a plaintiff proves liability, if she cannot prove that she suffered an economic loss as a result of the doctor’s negligence, she will be not entitled to an award of damages.
On the other hand, if a plaintiff proves liability and can demonstrate that she suffered an economic loss, she will be entitled to recover economic damages and damages for pain and suffering. In some cases, she may even be entitled to an award of punitive damages.
Get Legal Help
Filing a breast implant malpractice case requires the knowledge and expertise of a medical malpractice attorney. A medical malpractice attorney will use his experience to evaluate your case and estimate its value. He will aggressively represent you in settlement negotiations and, if necessary, at trial, in an effort to help you get the compensation you deserve.
