American Society of Plastic Surgeons
For Medical Professionals
4 years ago

Potential malpractice

Hi! I consulted with a plastic surgeon & agreed on either 350 cc or 400 cc with the gummy bear type silicone- which the doctor recommended. I decided to do it & paid the full amount upfront. After asking questions to the office, I found out they didn’t have the size nor the implants I was assured I’d get. They are trying to keep the down payment. This is illegal, right? I never signed the papers

Procedure: Breast Augmentation
Location: colorado springs, CO

Replies 4

Tracy McCall
ASPS Surgeon

Well, they haven't actually done the surgery on you, so this wouldn't be malpractice at this point. Just because they didn't have the size implants you wanted at the time you asked doesn't mean that they wouldn't have them in time for the procedure. I order the implants for the individual case and don't keep them on the shelf.

Legal questions need to be addressed to an attorney. They have some sort of policy on cancellations and I suspect that is why they are keeping some of the money. You would need to talk to the surgeon or the office manager to figure out if you could get anything back.

Karol Gutowski
ASPS Surgeon

Since there are 100's of implant styles and sizes, most surgeons order the selected implants specifically for each patient. They may stock a few common shapes and sizes but no office or hospital can stock all of the possible combinations.

Susan Buenaventura
ASPS Surgeon
Add to Favorites

Some offices stock implants and others order for each individual case, which is what I do, so we can get the exact implant the patient wants. Speak with the surgeon directly to clarify your implant choice and cost. Legality issues are best answered by a lawyer. It's hard to call something malpractice if no surgery was done.

Nelson Castillo

Thank you for sharing your question and I am sorry to hear of the difficulties with your physician's office. Although nothing illegal has taken place, any refund of your monies would depend on the agreement entered into between you and the office. Most practices do not maintain an inventory of various implant sizes and styles as there can be hundreds of options. Most physicians will order your implants about 2 weeks prior to your procedure. I would speak with the physician so that an appropriate discussion can be had.


Patient Care Center