Contractual Breach: Legal Recourse for Patients With a Breast Implant Attorney

According to the Plastic & Reconstructive Surgery medical report by ASPS, augmentation of the breast is the most popular and frequent cosmetic procedure performed in the US. Nearly 300,000 breast augmentation cosmetic surgeries were performed in 2022. Furthermore, statistics also show that this procedure is quite popular in women above 20.

In 2022, approximately 35% of women aged between 30 and 39 underwent breast implant surgery. Though a popular procedure nationwide, contractual breaches in breast implant surgeries are also common. This is where patients must seek legal recourse by hiring a professional and experienced breast implant attorney.

Understanding Contractual Breach in Breast Implant Surgeries and Legal Recourse for Patients in Los Angeles, California 

In the context of breast implant surgeries, a contractual breach occurs when a party involved in the surgery (typically the surgeon or medical facility) fails to fulfill the agreed-upon contract terms successfully. This could include failing to deliver the promised breast size.

In such a situation, patients in Los Angeles have several avenues to seek legal action. These include the following:

Medical Malpractice Lawsuit

While primarily associated with negligence, medical malpractice claims can also encompass contract breaches. To succeed in such a claim, the patient must prove that the surgeon did not meet the expected care and quality standard, leading to harm.

In California, the patient has up to three years from the date of the injury or one year from the date of injury discovery to file a malpractice lawsuit, whichever comes first.

Contract Lawsuit Breach

This type of lawsuit addresses explicitly the failure to fulfill the agreed-upon contract terms. In the case of breast implant surgery, this could involve the surgeon not delivering the promised results or not following the specified procedure.

California’s contractual breach claim statute of limitations is four years for written and two years for oral contracts.

Informed Consent Violations

A key component of any medical procedure is informed consent. Therefore, if a patient can prove that they were not informed clearly about the risks and alternatives of the surgery, then they may have a case for breach of contract. This would involve proving that the surgeon failed to provide the information that would have influenced the patient’s decision to proceed with the surgery.

Hire a Professional and Experienced Breast Implant Attorney

If you’ve experienced a contractual breach, hire a professional and experienced breast implant attorney for legal representation. A seasoned lawyer in Los Angeles, California, has medical malpractice and contract law knowledge. This enables them to navigate the complexities of your case effectively. They can accurately assess the validity of your claim and identify legal strategies to pursue.

Besides this, an experienced breast implant attorney can gather compelling evidence, like medical records and expert testimony, essential in proving your case. They can aggressively represent your case and negotiate with healthcare providers and insurers to secure fair settlements so you can get fairly compensated.

Needless to say, having a skilled breast implant attorney by your side provides peace of mind. They handle all legal procedures and deadlines, allowing you to focus on your recovery. Overall, a professional attorney significantly enhances your chances of a successful outcome, including compensatory damages (financial compensation for medical expenses, corrective surgeries, lost income, pain plus suffering) and punitive damages. 

In situations of severe misconduct, punitive damages may be awarded. This is primarily to punish the healthcare provider and deter similar behavior. So, don’t delay! Act now. Consult a breast implant attorney at Krolikowski Law today. We will work to get you justice and ensure your legal process is seamless and stress-free.