In recent years, the popularity of breast implant surgeries has surged, promising enhanced aesthetics and boosted self-confidence. However, this rise in procedures has also led to increased risks and complications, some leading to severe health consequences.

When surgeries don’t go as planned, they can result in significant physical, emotional, and financial distress. Often, patients are left wondering about their legal options, including the potential for pursuing a breast implant lawsuit.

Breast Implant Lawsuit FAQS

As breast implant procedures become more common, so do the questions about plastic surgery malpractice. Here, we address some frequently asked questions about breast implant lawsuits to clarify their implications and when legal action may be appropriate.

What Is a Breast Implant Lawsuit?

A breast implant lawsuit typically involves legal claims filed against medical professionals, hospitals, or implant manufacturers due to complications or injuries caused by breast implant procedures. These lawsuits can fall into two main categories.

Plastic surgery malpractice occurs when a healthcare provider fails to adhere to the standard of care expected in the medical community during surgery, leading to patient harm. The second category is product liability. A product liability lawsuit stems from injury caused by defective or unsafe breast implants manufactured or marketed by companies.

What Are Common Reasons for Filing a Breast Implant Lawsuit?

Patients may find themselves considering legal action for a variety of reasons related to their breast implant surgery. Common grounds for filing a lawsuit include:

  • Defective products. If the breast implants were improperly manufactured, leading to rupture, leakage, or other health issues, they are considered defective, and you may be able to bring an action against their manufacturer.
  • Surgical errors. Mistakes made by a medical professional during the surgical procedure that result in complications or do not meet the standard of care expected from the surgical team.
  • Failure to inform of risks. Healthcare providers must notify patients of all potential risks associated with the implants before the surgery. Failure to do so can be grounds for a lawsuit if complications develop that the patient was not warned about.

Each of these situations presents a unique set of challenges and legal requirements for proving the case, underscoring the importance of specialized legal advice tailored to the specific circumstances of your case.

How Can a Lawyer Help With My Breast Implant Lawsuit?

Navigating a lawsuit requires a thorough understanding of medical and legal complexities. A lawyer with experience in this field can significantly help by:

  • Evaluating your case,
  • Gathering evidence,
  • Navigating legal procedures and deadlines, and
  • Negotiating or advocating on your behalf.

Lawyers with experience in plastic surgery lawsuits will have insights into these cases’ specific challenges, such as proving the link between the implant and the injury and dealing with powerful medical device manufacturers.

What Types of Compensation Can I Claim in a Breast Implant Lawsuit?

Breast implant lawsuit payouts can vary significantly based on the specifics of each case but generally include several categories of damages:

  • Medical expenses. Covers past and future medical treatments related to the complications from the breast implants, including surgeries to remove or replace the implants.
  • Pain and suffering. Compensation for the physical pain and emotional turmoil suffered as a result of the complications.
  • Lost wages and earning capacity. Reimburses for lost wages if the complications lead to an inability to work.
  • Punitive damages. In cases where the defendant’s conduct involves fraud or malice, you might be able to pursue punitive damages.

It’s essential to speak with an experienced plastic surgery lawsuit attorney to understand better what types of damages you’re eligible to receive. California has a cap on noneconomic damages for medical malpractice lawsuits, which could limit your recovery.

How Does a Class Action Lawsuit Differ from Individual Lawsuits for Breast Implants?

A breast implant class action lawsuit involves one or several individuals representing a larger group of people who have suffered similar harm from the same cause. The costs and resources for litigation are shared among all class members, which can be more efficient for cases involving many people with similar claims.

If the lawsuit succeeds, the settlement is distributed among all class members according to a formula the court decides.

A single person or party files an individual lawsuit. These claims address specific damages and circumstances unique to that individual, which a class action might not adequately represent.

Here, plaintiffs have more control over their legal strategy and decisions, including settlement agreements. Victims may receive more compensation relative to their specific damages than they might receive as part of a class action settlement.

What Long-Term Care and Monitoring Should I Consider After Breast Implant Surgery?

Post-surgery care and long-term monitoring are crucial for maintaining health and early detection of potential complications from breast implants. Keep the following steps in mind:

  • Schedule regular medical check-ups to monitor the condition of the implants and catch any issues early;
  • Learn to perform self-examinations to check for changes or abnormalities around the implant area;
  • Ask about periodic imaging tests, such as MRI or ultrasound, to ensure that implants are functioning correctly and have not ruptured;
  • Watch for symptoms that could indicate complications, such as breast pain, changes in breast shape, lumps, or unusual swelling; and
  • Stay informed about the latest research and guidance regarding breast implants.

Some people develop something known as BII, which is breast implant illness. Some people may not link the association because symptoms can mimic autoimmune disorders and other illnesses. If you suffer from BII, you could have grounds for a breast implant illness lawsuit.

What Are My Options If the Results Are Not As I Expected?

If the results of your breast implant surgery are not as expected, it is important to consider several steps to address the situation:

  • Consult your surgeon. Explain your concerns with your original surgeon. They can evaluate the outcome and discuss whether the results align with realistic expectations.
  • Seek a second opinion. If you are unsatisfied with the explanations or solutions provided, consider seeking a second opinion from another qualified plastic surgeon.
  • Explore legal options. Consulting with a lawyer experienced in breast implant lawsuits can help you understand your legal rights and compensation options.

Understanding your options and the steps to take can empower you to make informed decisions about how to proceed when the results of a breast implant surgery are not as expected.

Contact Silva Injury Law

If you’re dealing with complications or dissatisfaction from a breast implant procedure, it’s crucial to understand your legal rights and options. Contact Silva Injury Law to learn how we can help you pursue a breast implant lawsuit.

Don’t let confusion or uncertainty prevent you from seeking the justice and compensation you deserve. Our experienced team will evaluate your case, guide you through your legal options, and help you make informed decisions about your next steps.