Undergoing breast augmentation surgery is a significant decision that often comes with specific expectations. Patients trust their surgeons to deliver results that align with what was agreed upon during consultations. However, when the final result doesn’t match the promised size or appearance, it can lead to disappointment, frustration, and even physical or emotional harm. If you’ve experienced a size discrepancy after a breast implant procedure in Los Angeles, you may have grounds for legal action.
An LA breast implant attorney can help you navigate the complexities of your case and pursue justice. At The Krolikowski Law Firm, we specialize in helping victims of cosmetic surgery negligence secure the compensation they deserve. Here, we explore how an attorney establishes liability in size discrepancy cases and protects your rights.
What Constitutes Negligence in Breast Implant Size Discrepancy Cases?
Negligence in cosmetic surgery occurs when a medical professional fails to meet the accepted standard of care, resulting in harm to the patient. In breast implant size discrepancy cases, negligence may involve:
- Miscommunication or Lack of Consent: The surgeon failed to adequately communicate the implant size or ignored the patient’s agreed-upon preferences.
- Surgical Errors: The surgeon implanted a size different from what was agreed upon, either intentionally or due to a mistake during the procedure.
- Improper Documentation: A lack of accurate records detailing the agreed-upon size can make disputes more challenging to resolve.
- Failure to Address Concerns: Post-surgery, the surgeon may dismiss patient concerns or refuse to correct the issue.
An experienced LA breast implant attorney will investigate the details of your case to determine whether the surgeon’s actions (or inactions) constitute negligence.
Steps Attorneys Take to Prove Negligence
1. Reviewing Pre-Surgery Documentation
One of the first steps in establishing negligence is reviewing all pre-surgery documentation, including:
- Consultation notes
- Informed consent forms
- Emails or text communications between the patient and surgeon
These records can help determine whether the surgeon deviated from the agreed-upon plan.
2. Analyzing Medical Records
Medical records from the surgery itself provide crucial evidence. Your attorney will examine these documents to verify the implant size used during the procedure and whether it matches what was agreed upon.
3. Consulting Medical Experts
Expert testimony is often essential in cosmetic surgery cases. Your attorney may collaborate with:
- Plastic Surgery Specialists: To evaluate whether the surgeon adhered to the standard of care.
- Psychological Experts: To document the emotional impact of the size discrepancy.
These professionals can provide insights that strengthen your case.
4. Gathering Visual Evidence
Photos taken before and after the surgery can demonstrate the size discrepancy and its impact on your appearance. This visual evidence can be compelling in negotiations or court.
5. Assessing Damages
To pursue compensation, your attorney will calculate the full extent of your damages, including:
- Medical Costs: Expenses for revision surgeries, corrective procedures, or additional medical care.
- Emotional Distress: Anxiety, depression, or loss of self-esteem caused by the discrepancy.
- Lost Wages: Income lost due to recovery time or the inability to work.
- Pain and Suffering: Both physical and emotional impacts of the surgeon’s negligence.
Legal Options for Victims of Size Discrepancy
If your breast implant surgery didn’t meet the agreed-upon expectations, you have several legal options:
- Filing a Medical Malpractice Claim: This involves proving that the surgeon’s negligence directly caused your damages.
- Breach of Contract Claim: If the surgeon failed to deliver on a promised outcome, you may have a breach of contract case.
- Seeking a Settlement: Many cosmetic surgery disputes are resolved through negotiated settlements, avoiding the need for a lengthy trial.
An LA breast implant attorney can guide you through these options and help you choose the best path forward.
How an Attorney Protects Your Rights
Navigating a cosmetic surgery dispute can be complex, especially when dealing with medical professionals and their insurers. A qualified attorney:
- Handles Communications: Your lawyer will manage all interactions with the surgeon’s legal team and insurance providers, ensuring your rights are protected.
- Builds a Strong Case: From collecting evidence to consulting experts, your attorney will craft a compelling argument on your behalf.
- Advocates for Fair Compensation: Whether through negotiation or litigation, your lawyer will fight for the compensation you deserve.
Why Choose The Krolikowski Law Firm
At The Krolikowski Law Firm, we understand the physical and emotional toll of cosmetic surgery negligence. Our team has the experience and dedication to help you seek justice and hold negligent surgeons accountable. We’ll work tirelessly to ensure you receive fair compensation for your damages.
If you’ve experienced a size discrepancy after a breast implant procedure, don’t wait to take action. Contact us today to schedule a free consultation. Let us help you move forward with confidence and peace of mind.
