What to Do If Your Breast Implant Size Is Different Than Agreed: Advice From an LA Breast Implant Attorney

Breast augmentation is a deeply personal decision, often made after much research and consultation. Patients expect that their chosen size and outcome will be delivered accurately. However, not all surgeries go as planned, and some patients find themselves waking up from surgery with a breast implant size different from what was agreed upon. This can be incredibly distressing, both physically and emotionally, and may even lead to further medical complications.

If you find yourself in this situation, it is important to know that you have rights. Consulting with an experienced LA breast implant attorney can help you understand your options for pursuing justice. At The Krolikowski Law Firm, we are committed to helping individuals navigate the legal steps after a surgery that didn’t go as planned. Below, we provide practical advice on what to do if you discover that your breast implant size is different than what you and your surgeon had agreed upon.

1. Contact Your Surgeon Immediately

The first step after discovering that your breast implants are not the agreed-upon size is to contact your surgeon. Request a follow-up appointment to discuss your concerns and get clarification on why the discrepancy occurred. It is possible that a mistake was made during surgery, or there may have been a miscommunication about the desired outcome.

During this appointment, ask your surgeon for a copy of all medical records related to the procedure, including pre-surgery consultations, consent forms, and surgical notes. Having these records is critical as they provide documentation of what was agreed upon and can be used as evidence if you decide to take legal action.

2. Get a Second Opinion

If you are dissatisfied with your surgeon’s response or explanation, it is advisable to seek a second opinion from another board-certified plastic surgeon. An independent surgeon can provide an objective assessment of your results and determine if a mistake was made. They can also provide insight into any potential corrective procedures and the risks associated with them.

This second opinion will also be valuable if you decide to pursue a legal claim, as it may help establish that the initial surgery did not meet the standard of care expected from a medical professional.

3. Document Everything

Documentation is key when dealing with medical malpractice or any legal claim. Start by keeping a detailed journal of your experiences and symptoms post-surgery. Include the following:

• The dates of all appointments, both pre-surgery and post-surgery.
• Notes from conversations with your surgeon, including what size was agreed upon and any assurances you were given.
• Photos of your breasts, taken before and after surgery, show the extent of the size discrepancy.
• Records of any additional medical expenses lost wages, or emotional distress caused by the incorrect implant size.

This information will be helpful to your LA breast implant attorney when building a case to prove negligence or a breach of contract.

4. Understand Your Legal Rights

In cases of breast augmentation surgery, patients have the right to expect that the procedure will be carried out according to the agreed-upon plan. If there is a significant difference in the implant size or if the outcome is drastically different from what was promised, you may have grounds for a medical malpractice or breach of contract claim.

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to the patient. In this case, if the surgeon failed to properly execute the procedure or made an error during surgery that led to the size discrepancy, they may be liable for malpractice.

A breach of contract claim may also apply if there was a clear agreement about the desired implant size, and the surgeon failed to deliver on that promise. This type of claim focuses on whether the surgeon fulfilled the terms of the contract you entered into when you agreed to the surgery.

5. Consult with an LA Breast Implant Attorney

If you believe that your surgeon made an error or failed to meet the agreed-upon terms, it’s important to consult with an experienced LA breast implant attorney as soon as possible. An attorney will review your case, help you understand your rights, and advise you on the best course of action to take.

Attorney Krolikowski at The Krolikowski Law Firm can help you navigate the complexities of a medical malpractice claim. He will work to gather evidence, consult with medical experts, and negotiate on your behalf to ensure that you receive the compensation you deserve for medical expenses, corrective procedures, pain and suffering, and emotional distress.

6. Consider the Statute of Limitations

In California, there is a statute of limitations for filing medical malpractice claims. Generally, you must file a claim within one year from the date you discovered (or should have discovered) the injury, or within three years from the date of the injury, whichever comes first. This makes it crucial to act quickly if you suspect that something went wrong with your breast augmentation surgery.

Failure to file within the appropriate time frame may result in losing your right to pursue compensation. Consulting with an attorney early in the process ensures that you do not miss important deadlines and that your case is handled effectively.

Additional Resources for Patients

For more information on patient safety and medical malpractice, the following resources may be helpful:

• American Society of Plastic Surgeons (ASPS): Offers information on breast augmentation procedures, patient rights, and choosing the right surgeon.
• California Medical Board: Provides information on how to verify a surgeon’s credentials and how to file a complaint if you believe you have been a victim of malpractice.

Contact The Krolikowski Law Firm for a Free Consultation

If you have discovered that your breast implant size is different than what was agreed upon, it’s important to seek legal advice as soon as possible. At The Krolikowski Law Firm, we are dedicated to helping patients who have experienced medical malpractice get the justice they deserve.

Contact us today for a free consultation to discuss your case and learn how we can help you pursue compensation for your injuries. You deserve an outcome that aligns with your expectations, and we are here to help you take the necessary steps toward resolution.