Moraga, CA asked in Medical Malpractice and Personal Injury for Washington

Q: Breast reduction potential malpractice inquiry

2 years ago I had a bilateral breast reduction done by a board certified surgeon. My breasts were supposed to be a size D afterwards but are now a large A or small B. Dog ears on both breasts (which I've read can be avoided with proper measurements) & horribly looking scars.

Aside from this I also had complications following surgery and had to go to the ER several times. My surgeon would not get me in to see her despite this until two weeks later for drain removal, which i feel is unethical.

I am wondering wether my case has any potential for pursuing and winning a malpractice lawsuit. I understand size is hard to get right in reductions but a discrepancy of 3 cup sizes seems more than a typical discrepancy. I have absolutely no confidence anymore and hate my body and want them corrected but would the lawsuit money to do so.

I know malpractice for breast surgery is very tricky so I'm hoping someone can tell me wether or not I even remotely have a chance.

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: A Washington attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. It would be difficult for an attorney to answer your question as to "whether you remotely have a chance." Although your description offers details that would be meaningful to a med mal attorney, the fact remains that an attorney would likely need to request your file and consult with a medical professional to evaluate your case. I can't speak for Washington State civil practice, but as a GENERAL matter, rules of civil procedure in many jurisdictions do require some form of certification from a physician (affidavit of merit) attesting to the merits of a case alleging medical malpractice - THAT's what would start to answer your question. Reach out to med mal attorneys in Washington. Most attorneys who handle such cases offer free initial consults. Good luck

Tim Akpinar

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.