Q: I just had a breast implants put in and I don't like the way they came out. Can I bring a lawsuit against my plastic surgeon if he won't fix them for free?

A: There are two issues here. The first is your unhappiness with the result of the breast implants. The second is whether you can sue if he does not repair the first result for free.

First- the fact that you had breast implants suggests that you were not satisfied with your physical appearance to begin with. Breast implant and plastic surgery cases are inherently bad cases for me to take because they involve subjective feelings, opinions and impressions by the patient. Specifically, the patient is not happy with how they appear initially, and after the procedure, they are still not happy with the result. Just because you are unsatisfied with the breast surgery results does not mean that there was evidence of malpractice.

There are always risks associated with any surgery. I am positive that your plastic surgeon gave you a detailed form called an Informed Consent sheet that described the procedure. You may have also been given brochures or reading material describing the risks, benefits and alternatives to this breast surgery you were going to have. Again, I assume that since you went forward with the surgery, you signed this consent and recognized that there was a possibility the outcome might not be perfect.

The second point is that you must address your displeasure with your plastic surgeon. There are times when the doctor will agree to revise the procedure at no cost to you. At other times the doctor believes he or she did a good job, but other factors contributed to the poor outcome, and he may not be agreeable to revise the procedure for free.

Remember, you are free to bring a lawsuit, but the question is whether your case really has merit, and whether it is financially beneficial for you and your attorney to proceed.

In my opinion, I do not accept plastic surgery cases unless it is clear, based upon expert medical review, that there are departures from good care (not just that the patient is unhappy with the outcome of their boob job, or nose job), that the departures were a substantial factor in causing injury, and that the injury is permanent.

Attorney Oginski has been in practice for over 16 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.

Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.