You are here:

Medical Malpractice/Medical Malpractice


Im not sure if I have a case.  Last year I was diagnosed with breast cancer.  I had a double mastectomy with reconstruction.  I had to go and have a saline injection ever two weeks.  After the correct size is reached, we schedule a permanent implant.  After my permanent implant surgery, I told my dr that I was surprised at how small my breasts were.  The temporary implants were much bigger.  He told me that when he went to do the permanent implant, the size he had for me was too small and had to get the next size in.  He had to throw away a $900 implant.  He told me that that he put in based on a 740 temporary implant.  I questioned that because I though I was up to a 800 implant.  He than looked in my chart and flipped the page and realized that there was more injections given to me than he read in my chart.  He than told me that he could redo my surgery with a bigger implant.  We than talked about me losing weight which would make my breasts larger because they would not lose weight.

It has been almost a year and I still am not happy.  I have not lost any weight.  When I first starting seeing him before my mastectomy, he told me how happy I would be.  I would not have to even wear a bra because I would have nice firm breasts.  I really feel disappointed.

Im not sure if I have a case but thought I would inquire.

Thank you

First of all Mel, even if you yelled and screamed and threatened to sue the doctor, the best you could hope for is that he might reduce the medical costs for you a bit.  He would never agree that he committed malpractice and the only alternative would be to sue.  I will explain in a minute why no lawyer would take the case but consider this: in such a suit, every detail of your medical and cosmetic condition would be an open book.  Lawyers and others who are strangers to you would be seeing and examining every photo ever taken of your chest and you would be sitting there with a claim saying in effect, "my breasts aren't big enough".  I understand your displeasure with the results but some people won't give you a lot of sympathy.  They would think you ought to be happy that your cancer is gone.

But it is not a viable case because any malpractice case costs a lot of money and even more time and your lawyer only gets paid after winning against some major lawfirm hired by the doctor's insurance company who will argue that "yes, the cosmetics are not as you wanted but it was a difficult case, the doctor used his best judgment and a reasonable amount of skill and the problem can be improved upon in any event".  If the damages are not at least about 250K it just isn't worth it to any lawyer who would have to risk probably $10-30,000 and hundreds of hours over months or years.  So, the damages are not going to be high enough.....I know this is painful to you but at the end of the day, not $250K worth there is the question of liability.  I explain that as follows:

Imagine 10 surgeons looking in detail at your case.  To have a viable case the malpractice would have to such that probably 8 of them would say "My God, what the hell was Mel's surgeon thinking.  He clearly handled the case incorrectly.  His medical judgment was wrong and inexcusable and therefore he committed malpractice.  He handled Mel's case like no reasonably competent surgeon would do".

See what a high and probably impossible hurdle that would be?  Best of luck

Medical Malpractice

All Answers

Answers by Expert:

Ask Experts


Glenn A. Dorfman


Thirty-four years experience in personal injury, medical malpractice and medical product liability law. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation. Also wide experience in medical product defect cases ie current litigation regarding the Johnson&Johnson (DePuy)defective hip implant cases and Mirena IUD issues


Thirty-four years experience handling cases involving auto accidents, trips and fall, fires, dog bite,medical malpractice and defective medical product cases with particular emphasis in 2012 and beyond with the DePuy ASR (Johnson&Johnson) defective hip implant cases. Twenty-five years of experience with defective IUD issues as well

Jurisdoctor Degree 1976 and Member in good standing with CA State Bar Assoc. since 1976

©2016 All rights reserved.