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Factors that may be Considered when Evaluating a Deviation from the Standard of Care During Breast Augmentation ~ part 1


This is a follow-up to my blog about the woman who had her breasts augmented and recovered $ 1 Million Dollars for the Medical Malpractice involved in said augmentation.

The following are Factors, including, but not limited to, the most important Factors that should be considered when determining in a Medical Malpractice Case involving Breast Augmentation about Whether or Not there was a Deviation from the Standard of Care During said Breast Augmentation, and why these factors are important:

1.) For what Reasons did the Patient indicate for Breast Augmentation, such as: 1.) Correction of Asymmetries; 2.) Congenital Defects; 3.) Cosmetic Breast Enlargement; 4.) Mastectomy for Breast Cancer or other Cancer Risk Reduction; and 5.) Other Reasons?

Why is this important? All of the reasons as set forth herein above are valid and appropriate reasons for a woman to seek breast augmentation.

2.) Did the Clinician Obtain a Complete Medical History of the Patient?

Why is this important? A complete Past Medical History (PMH) of the patient should be obtained that includes, but is not limited to, all past and current illnesses, hospitalizations, surgery, trauma, allergies and medications, as well as the date, location, and physician/surgeon for each hospitalization and/or surgery.

3.) Before Surgery, was a Psychological Evaluation Performed?

Why is this important? Body Dysmorphic Disorder (BDD) is present in approximately 5% of patients seeking cosmetic surgery, and cosmetic surgery is not recommended for these patients.

4.) Did the Clinician Perform a Complete and Comprehensive Physical Exam of the Patient?

Why is this important? A complete understanding of the patient can only be obtained by a complete physical examination and history and also plays an important role in making treatment recommendations and decisions.

5.) Did the Patient Present with any Risk Factors for Complications?

Why is this important? The patient must be evaluated for pre-operative risk factors since there are several pre-operative factors associated with an increased risk of surgical site infection that the clinician must be aware of in the patient with all breast surgeries.

6.) Were there any Contra-Indications to Breast Implant Reconstruction Present in the Patient?

Why is this important? The following includes, but is not limited to, Contra-Indications to Breast Implant Reconstruction: 1.) The Patient’s Age as the younger the Patient the more likely that the Implants will need to be Replaced Several times during the Patient’s lifetime; 2.) Is the Patient willing to Follow and Complete any Follow-Up Recommendations; 3.) Does the Patient present with any of the following such as Large Breasts, Ptotic Breasts, Silicon Allergies, Fear of Implant, Previous Implants that Failed, and/or the Adjuvant Radiation Therapy Needed.

7.) Did the Clinician Perform a Pre-Operative Breast Assessment?

Why is this important? It is very important that the Patient is evaluated and screened completely prior to surgery for any preexisting breast issues or diseases, and any risk facts that might preclude or limit cosmetic breast surgery.

8.) Did the Clinician Obtain any Pre-Operative Photos?

Why is this important? It is important at the consultation stage that there is photo documentation since prosthesis may magnify small or tiny blemishes.

9.) Did the Patient and the Clinician Discuss the Breast Augmentation Plan?

Why is this important? Today, Breast Augmentation has become known as Tissue-Based Planning (TBP) and is not just purely volumetric anymore but also bio-dimensional.

10.) Did the Patient and the Clinician Discuss the Details of the Size and Type of Implant?

Why is this important? In order for the Patient to select the proper size and type of implant, it is very helpful to show photographs of other women with a similar figure or build and the various implant sizes that are augmented.

11.) Did the Patient and the Clinician Discuss All the Alternatives to Breast Augmentation that may be Available besides Surgery?

Why is this important? Breast Prosthesis is a viable option for those women who may decide not to have breast reconstruction or, for one reason or another, are not good candidates for surgery or reconstruction so it is important that the Patient know what choices the Patient has before surgery.

I will follow up this blog post with more factors to consider in my next blog post titled, “Factors that may be Considered when Evaluating a Deviation from the Standard of Care During Breast Augmentation ~ part 2.”

At Julie A. Rice, Attorney at Law, & Affiliates, we are experts at handling cases where the Standard of Care was Deviated in a Breast Augmentation Procedure. If you or a loved one has been injured or died from a Breast Augmentation where the Standard of Care was not followed, then please Contact Us for your free legal consultation.

We look forward to assisting you so that you receive all of the just compensation that you or your loved one deserve in this particular type of instance.

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