Has Anyone Sued Dr for Botched Plastic Surgery?

n2livin3
on 8/14/11 4:07 pm
I had a braichoplasty (arm lift) in April 2010.  It was covered by my health insurance the dr that had done my other 2 plastics had left the practice and I was referred to another dr.  The surgery was done and from the time I woke up I was not happy.  My arms are still huge and flabby but worst than before because there is now a band on both arms were sweat gathers and I have to careful to avoid yeast infections.  Also, in addition to the lines from the surgery (which I was aware of) I have white patches (no color at all. and I am an African American).

When, I first talked to the doctor he said it was swelling and that if he'd been authorized to do lipo it would have looked better (this was never discussed prior to surgery). He said after the swelling he could redo the surgery and wanted me to have his nurse resubmit for authorization for my insurance company to pay for the surgery.

I few months ago I went to another doctor (plastic surgeon) at the same hospital for a consultation.  He asked if the prior dr was aware of how my arms looked and what did offer to do to correct them.  I told him and he just kind of had a puzzled look on his face. 

Last month I went to my former family practice dr for a physical and after she looked at my medical history and saw my arms she told me.  "You need to make him (dr #1 ) fix that."
I told her I did not want to go thru the hassle, her reply was "he was paid to do a job and he did not do it." 

I've since spoke with my lawyer about the situation and he does not do malpractice but was willing to refer me.  He said that finding a dr to testify against another dr is difficult.

My insurance refused the corrective surgery.  


According to statistics from the American Society for Aesthetic Plastic Surgery, the national average for plastic surgeon fees for an upper arm lift is around $3,900.   The total cost for the surgery including ,
  •  Hospital  surgical facility costs (1 night)
  • Anesthesia fees
  • surgeon fee   
  •  
  •  
  • The total cost paid by insurance was $33,000 this included correcting an abcess on my tummy above my belly button.

    I need to weigh the options because I want my arms fixed and the statue of limitation for malpractice in Missouri is 2 years.   Oh by the way the dr that did have Board Certifications with the American Board of Plastic Surgery.
Laz22girl
on 8/14/11 11:40 pm
Wow! I'm sorry about that happened to you!

I can not believe your insurance paid out 33k!! I paid 3800 for my arm lift.

I have never sued anyone, so no help there.

(((hugs))) and I hope it all works out. I just can't imagine leaving the surgery worst than when I went in! That was one of my biggest fears.
(deactivated member)
on 8/15/11 12:46 am - WI
I would talk to the doctor again and let him know how unhappy you are. Tell him you think he should fix them on his dime, if not you'll have to look into a lawyer. Doc's don't want to get sued, their insurance is high enough already. I wouldn't threaten with a lawyer until he says he won't pay to fix them. Good luck and keep us posted
mkbeany
on 8/15/11 1:35 am
I do not see what you could sue for. Was there gross negligence?
You can't sue for a bad outcome.

I signed my consents last week and they cover everything...all the bad stuff that can happen...as well as the need for more surgery in the future.

Best advice is to have an open dialogue with the surgeon about the results.
"And the day came when the risk to remain tight in a bud was more painful than the risk it took to blossom. " -- Anais Nin

Revised from Band to Bypass 10/26/09
High Wt 355/ Surgery Wt 343 (BMI 61) / Current Wt 190 on 3/17/12

TT/Fleur De Lis 8/22/11
Mastopexy and Brachioplasty 12/14/11
Most Active
×