Breach of Contract: Representing Patients with Breast Implant Lawyer

June 7, 2024

Breast augmentation procedures are deeply personal decisions for patients, often with specific expectations regarding the size and outcome of their implants. However, disputes can arise when the final result deviates from what was agreed upon in the contract between the patient and the surgeon. In such cases, legal recourse through breach of contract claims becomes essential. 

Understanding Breach of Contract in Breast Implant Cases

A breach of contract occurs when the service provider fails to fulfill its obligations stated in a legally binding agreement. In the context of breast implant procedures, the contract typically specifies details such as implant size, shape, and desired outcome. If the surgeon deviates from these specifications without the patient’s consent, it constitutes a breach of contract.

Common Issues Leading to Breast Implant Size Disputes

Miscommunication

This refers to instances where there is a lack of clarity or understanding between the patient and the surgeon regarding the desired implant size or the expected outcome of the procedure. Miscommunication can occur for multiple reasons, like differing interpretations of terminology, inadequate discussion of expectations, or failure to convey realistic surgical limitations. 

For example, the patient may desire a specific cup size, but the surgeon interprets this differently, resulting in mismatched expectations.

Surgical Error

Surgical errors encompass mistakes or miscalculations made by the surgeon during the breast augmentation procedure, leading to implants that deviate from the agreed-upon size. These errors can occur because of various factors, like measurement inaccuracies, improper implant selection, or technical errors during surgery. 

For instance, the surgeon may inadvertently use implants that are larger or smaller than what was discussed with the patient, resulting in dissatisfaction with the outcome.

Postoperative Changes

Despite strategic surgical planning and timely execution, unforeseen changes in breast size or shape can occur during the postoperative healing process. These changes may be influenced by tissue swelling, implant settling, or natural variations in patient healing rates. 

As a result, the final appearance of the breasts may differ from what was initially anticipated, leading to disappointment or dissatisfaction with the surgical outcome.

Implant Defects

Issues arising from faulty implants, such as rupture, deflation, or malposition, can necessitate replacement with a different size or type of implant. Implant defects may be caused by manufacturing flaws, material degradation, or improper handling during surgery. 

Legal Remedies for Patients

Contractual Analysis

An experienced breast implant lawyer will carefully review the contract terms to assess whether the surgeon breached their obligations regarding implant size. This analysis serves as the foundation for building a strong legal case.

Expert Evaluation

In cases involving surgical errors or implant defects, expert testimony from qualified plastic surgeons may be crucial in establishing the breach of contract and determining the appropriate standard of care.

Negotiation and Mediation

Before resorting to litigation, your breast implant lawyer may attempt to resolve the legal dispute through negotiation. This allows both parties to explore mutually agreeable solutions without the expense of a trial.

Litigation

If negotiations fail, patients can pursue litigation against the surgeon for breach of contract. During the trial, a breast implant lawyer will present evidence and arguments to demonstrate to the violation and seek appropriate damages on behalf of the patient. 

Patients may be entitled to various damages, including compensation for corrective surgery, emotional distress, lost wages, and other related expenses incurred because of the breach of contract.

Breast Implant Lawyer in Santa Ana

Breach of contract in breast implant size disputes can have significant consequences for patients, both physically and emotionally. By seeking legal representation from our experienced breast implant lawyer with experience in medical malpractice law, patients can assert their rights and pursue remedies for the breach. Schedule a consultation with our breast implant lawyer at Krolikowski Law. 

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