Botched Breast Augmentation Leads To Lawsuit

Cosmetic surgery can help people feel more self-confident. According to the American Society of Plastic Surgeons 15.6 million procedures were performed in 2014, ranging from minimally invasive to surgical. One of the most popular cosmetic surgical procedures was breast augmentation, with 286,000 procedures performed in 2014. Breast augmentation surgery is used to increase breast size, even out the size of the breasts, and can be used to restore breasts after injury or an illness such as breast cancer. With all these surgeries being performed, it is inevitable that mistakes would be made.

In December, several Florida news outlets reported that a plastic surgeon in Jacksonville, Florida was being sued for malpractice by three woman. The women are also suing the Riverside Plastic Surgery Clinic. Each woman claims she had a botched breast augmentation procedure and was put through subsequent surgeries to remedy the problems. The lawsuit also alleges that the doctor, Loren Clayman, profited from the botched surgeries. He wouldn’t charge the patient anything but he would charge the manufacturer of the implants. Amber Fuentes, one of the plaintiffs, was interviewed by the Florida Times-Union.

Fuentes stated she went in for a breast reduction and after all the surgeries, ended up with larger breasts. She says she suffers from constant shooting pain, loss of sensation, must wear special bras, and had to get a bridesmaids dress altered. The newspaper quotes her as saying, “Plastic surgery is supposed to make you feel confident and beautiful. I don’t look in the mirror. I’m not attractive at all. I feel gross.”

In an interesting turn of events, it was reported last month that more women have come forward with similar claims. The attorney for the women in the initial three lawsuits, Chris Shakib, stated that his office has had 203 calls from women who had breast augmentation procedures and had questions about Dr. Clayman and his clinic. Already Shakib has filed a fourth lawsuit against Dr. Clayman, this time including his son, Dr. Mark. Clayman.

In order to prove a claim for medical malpractice a plaintiff will need to show that there was a doctor-patient relationship, that the doctor failed to meet the required standard of care in his or her treatment of the patient, and that failure resulted in serious complications to the plaintiff.

Medical malpractice claims can be quite complex. If you believe you or a loved has been the victim of medical malpractice, such as a botched breast augmentation, it is important to contact a skilled attorney. At Gilman & Bedigian, we have years of experience handling personal injury and medical malpractice claims. Please do not hesitate to contact our office today to discuss your case.