Capsular contracture is a common complication of breast augmentation surgery, where scar tissue forms around the implant, causing it to harden and distort the breast shape. Many women who have undergone breast augmentation surgery may wonder if they can sue for capsular contracture. In this article, we will explore the legal options available for those who have suffered from capsular contracture.
Firstly, it is essential to understand that not all cases of capsular contracture are caused by medical malpractice. Capsular contracture can occur due to several factors such as an infection, trauma, or a reaction to the implant. However, if a surgeon fails to adhere to the standard of care during the surgery or post-operative care, resulting in capsular contracture, the patient may have grounds for a lawsuit.
To sue for capsular contracture, the patient must prove that the surgeon deviated from the standard of care, causing the injury. The standard of care refers to the level of care and skill a reasonably competent surgeon would provide in similar circumstances. If the surgeon failed to follow the standard of care, leading to capsular contracture, the patient could file a medical malpractice lawsuit seeking compensation for damages resulting from the injury.
Furthermore, the patient must also prove that the capsular contracture resulted in significant damages, such as chronic pain, disfigurement, emotional distress, or lost wages. The legal process for medical malpractice lawsuits can be complex, and it is advisable to consult with a qualified personal injury attorney experienced in medical malpractice cases.
It is also important to note that there is a statute of limitations for filing a medical malpractice lawsuit. The statute of limitations is the time limit within which the patient must file the lawsuit after the injury occurs. The statutes vary by state and can range from one to six years.
In summary, if capsular contracture occurs due to medical malpractice, the patient may have grounds for a lawsuit. To sue for capsular contracture, the patient must prove that the surgeon deviated from the standard of care, causing the injury, and resulted in significant damages. It is essential to consult with a qualified personal injury attorney experienced in medical malpractice cases and file the lawsuit within the statute of limitations.
