Botched Brachioplasty...

by Christine
(Fresno, CA)

The surgery was performed October 8, 2014. I noticed that my sutures were placed at the back of my arms instead of the inside where they were supposed to be, and that my left arm was left larger than my right arm. I was told on my post-operative visit that my arms were still swollen and in time everything would be in place.

Unfortunately, that was not the case. The swelling is now gone, but I'm stuck with one arm larger than the other, and scarring on the back portion of my arms from the elbow to my armpits.

On my last visit Jan 21, 2015, I pointed it out again, telling them about the situation (since the swelling is gone). I was told that this happens sometimes during surgery, and that the surgeon can't tell because of the swelling and blood how well the surgery is going. I was also told they can do a revision of it at a little extra cost to me.

So I'm left with one larger arm, visible scarring, and still loose skin. What are my options here? Can I file a lawsuit against them? Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Botched Brachioplasty...":

Christine (Fresno, CA):

From a legal standpoint you have a duty to mitigate your damages. This means you must seek the medical care you need now, and not wait until you decide whether or not to file a claim against the doctor.

At that point your arm may worsen. If so, the doctor would likely not be liable. This is especially important as the doctor has offered to perform a revision at little cost to you.

If you don’t want to permit the doctor to do the revision, then seek medical treatment from another doctor. Unless the original doctor’s acts or omissions have caused you unnecessary pain and suffering, or a permanent injury, the original doctor would at most be liable for the cost of another doctor’s performing the revision.

If though, as a result of the original doctor's acts or omissions you suffered an unnecessary and lasting injury, then you may have the basis of a medical malpractice case.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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