Just because a surgery is considered routine does not mean it is without risks. If you or a loved one has been the victim of medical malpractice from a breast augmentation, you need to reach out to a seasoned Syracuse medical malpractice attorney who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we understand the emotional and financial hardships you are currently facing, which is why we will handle your case with the utmost compassion.
Breast augmentation is an elective procedure in which the breasts are artificially enlarged through the insertion of implants under the breast tissue or chest muscles. Breast augmentation is the most common plastic surgery procedure in the United States, with more than 290,000 procedures taking place every year. And the surgery is only getting more popular. According to the American Society of Plastic Surgeons, breast augmentation procedures have gone up 31 percent since 2000.
Breast augmentation, just like any other type of surgery, has its risks. Some of these risks, such as scar tissue or breast pain, may occur no matter how competent and careful the surgeon is. However, in some cases, negligence on the part of the surgeon or medical staff can be the cause of a complication. Common errors related to breast implants include, but are not limited to:
- Wrong type of implants;
- Poor screening of candidate leading to preventable complications;
- Improper placement of the implant;
- Infection due to lack of sterilization.
In addition to the aforementioned mistakes, any conduct by the surgeon that falls below the standard of care and that injures the patient could be the basis of a medical malpractice claim. In New York, medical malpractice takes place when a surgeon fails to provide the level of care that a reasonably competent surgeon would have provided in the same situation, thereby injuring the patient. For example, a competent surgeon would screen a candidate properly before performing a breast augmentation procedure. If a woman who is a poor candidate makes it through the screening process, any resulting complication could be considered malpractice. This is because a competent surgeon would not have proceeded with the procedure on a poor candidate, understanding the risks associated with such behavior.
There are strict time limitations for filing medical malpractice cases in New York. Victims of medical malpractice in New York have two years and six months from the alleged malpractice to file a lawsuit in civil court. This is the general statute of limitations in New York, although it is possible that an exception may apply in your case. If we take your case, we will examine it thoroughly and advise you of all relevant deadlines.
If you have been injured due to medical negligence while getting a breast augmentation, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Syracuse surgery malpractice attorneys will evaluate the circumstances of your injury and determine whether or not malpractice occurred. With extensive experience in this area of law, you can rest assured that we will protect your rights every step of the way. For more information, do not hesitate to call us at 833-200-2000 or contacting us online.
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