June 7, 2013

162017_132140396847214_292624_nA 27-year-old West Virginia woman and her husband filed a medical malpractice lawsuit on May 17, 2013 against her breast augmentation surgeon for his alleged medical negligence in performing breast enlargement surgery on February 4, 2010. The medical malpractice plaintiffs allege that the woman felt that something was wrong immediately after the surgery and went back to the surgeon, who recommended corrective surgery. The corrective surgery took place on May 25, 2010 but the surgeon did not advise the woman that he had severed a muscle in her chest wall, according to the plaintiffs’ lawsuit.

The corrective surgery was not effective and the woman’s condition continued to deteriorate. She then sought a second opinion from another plastic surgeon who advised her that she had symmastia. Symmastia is the condition where one or both implants is positioned too close to the midline or crosses the midline and sternum and is often related to implants that are too large or wide for the woman’s torso and sometimes due to over dissection of the implant pocket over the sternum. Symmastia is very difficult to repair and often requires the creation of new space and narrower implants.

The plaintiffs medical malpractice lawsuit alleges that the surgeon’s negligence resulted in symmastia causing her significant damage to the quality of her life, has caused emotional suffering, loss of income, loss of earning capacity, and has resulted in loss of consortium (damage to their marital relationship). The woman’s husband claims that he has suffered loss of services, companionship, love, affection and a strain in the marital relationship as a direct result of the defendant’s negligence. The medical malpractice plaintiffs seek both compensatory damages and interest.


We get calls from across the United States from women who have undergone breast enlargement surgery or breast reduction surgery who are very unhappy with their results. While no plastic surgeon (breast surgeon) would ever guarantee the results of proposed breast surgery, they often tell their patents that they have nothing to worry about and that they will be pleased with the results. Nonetheless, the breast surgeons are required to advise their patients of the risks and possible complications involved with the surgery in order to properly obtain their patients’ informed consent for the procedures, although the surgeons often gloss-over the risks and possible complications.

Just because a breast surgery patient did not achieve the result that was discussed before the procedure does not mean that the breast surgeon performed the procedure negligently – the poor result may be due to non-negligent causes over which the surgeon had little control.

However, if the breast surgeon failed to abide by the standard of care in recommending and/or performing the procedure, the surgeon may be responsible to the patient for the injuries and harm that resulted from the surgeon’s negligence.

If you have been injured as a result of possible medical malpractice in West Virginia or in another U.S. state as a result of bad breast surgery or any other bad medical procedure or care, you may be entitled to compensation for your injuries and the harms that you suffered.

Click here to visit our website or call us toll free at 800-295-3959 to be connected with West Virginia medical malpractice lawyers (or medical malpractice lawyers in your state) who may be willing and able to assist you with your possible medical malpractice claim.

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