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Can I sue for a collapsed lung from a breast enlargement?

I had a breast augmentation done, durning the process my lung was nicked. It collapsed according to the doctor about two hours after surgery. He called in all sorts of doctors to fix the lung. I had a chest tube put in, and woke up in ICU a few days later not knowing what when on. It took the last day of my hospital stay, which was one week and one day, to get the doctor to actually tell me what happened. I still don’t believe his version. I would like to know if there are grounds to sue. I am still having problems, I was sent home with an oxygen machine and 4 tanks of oxygen. Is this a botch job?? I don’t understand how my lung can get knicked during this proceedure. There are too many things in between to go through the ribs and such to knick my lung. Are there grounds and what do I do?? Not to mention they are not the same size. The left is noticably bigger than the right. And I still have a lot of pain. It’s only been since Oct. 15th of this year.

Anyone can sue anyone else for anything.

The question is, “Can you WIN?”.

To win money for medical malpractice, you have to prove not merely that the Dr made a mistake, but that he was negligent in so doing.

Accidents happen, and when you go into surgery you accept that risk – that’s why you sign a consent form. Only if the Dr’s actions that caused the problem were negligent – ie he failed to exercise “reasonable care” – can you win a medmal lawsuit.

EDIT – as a follow up to a couple of the other answers…. Signing a consent form and waiver of liability will prevent you winning a lawsuit if the Dr simply made a mistake. It will NOT necessarily stop you winning one if he was actually “negligent”, and that is why he made the mistake.

Richard

Let’s Play: Resident Evil 4 -PART 28- “No this machine does not give you breast implants!”

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