I have recently had my breast implants removed due leakage and had
them replaced.  The Doctor and I met to discuss the proceedure, I was
told the implants would be 2 sizes larger.  Which I wanted, after
having a child I needed a little lift.  The day of the surgurey the
Doctor again ask what size do i want 1)Smaller size 2)Same size
3)Larger size  I told him I want larger.  Two months later I felt the
size was smaller so I called the Doctors office to see what size they
used.  The Doctor used a smaller size than I had wanted.  I have a
meeting with him in 3 weeks, what is my recourse?  should he replace
my Implants to the size I wanted?  Is he liable for the change in
size?  DT

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Request for Question Clarification by pinkfreud-ga on 22 Jul 2003 15:38 PDT

Was the desired size of the implants ever mentioned in any of the
documents associated with the procedure?

I am not an attorney, but I can tell you from experience that unless
you have something in writing, or a reliable witness to an oral
agreement, it may be very difficult to prove that the physician acted
against your wishes.

I once underwent surgery in which things were done very differently
than the way I had requested. This resulted in the need for new
surgery, which was performed at my expense, since I could not provide
legal proof that the plans for my original surgery had been changed
(purely for the surgeon's convenience) AFTER I had been anesthetized.

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Clarification of Question by ptdt-ga on 23 Jul 2003 07:16 PDT

Hello,  Yes the Doctors assistant stated to me that the size would be
2 sizes larger, no real numbers like 500cc's.  But, the issue of size
was discussed a total of three times.  I understand that your not a
lawyer but I just wanted to know if there are some experiences that a
doctor would re-do his error. Is there someone I could talk to or
something I need to know before our meeting to discuss this.  Also, I
don't have anything in writing saying the exact size.  Thanks

Here are some things you can do:

1.  There are certain documents produced in connection with your
surgery that the hospital will have and the doctor will have about
what was supposed to be done. These documents may help you establish
your case.  These documents are part of your file and you are always
entitled to copies.

2.  You can file complaints with the hospital administration and the
doctor's hospital privileges can be revoked.

3.  You can also file complaints with whoever regulates physicians in
your area, such as the ____ state of medical examiners/medical board.

4.  Is he liable? You may be able to tell him that you plan on
speaking to all of the above parties I mentioned above and try to get
him to work something out with you, if you can show did he did
something wrong.  But, first, get copies of all of your medical
records.