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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33935
Experience:  Began practicing law in 1992
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My name is ***** ***** and my issue is medical malepractice

Customer Question

Customer: my name is ***** ***** and my issue is medical malepractice i had breast augmentation and it resulted with capsular contracture two months after surgery , this was in 10/2013 then doctor tried to correct and performed again on 1/2014 then that resulted in infecton with 2nd capsular contracture two months later doctor failed to change my antibiotic and i was hospitalized needing blood transfusion then he offered to perform again at NO COST for me a year later... i agreed now that surgery was on 1/27/2015 guess what same thing happend 3rd capsular and infecton... so he suggested a forth surgery no cost again.... i said NO WAY im changing doctors new doctor performed on sept 2015 used a different technique and prescription to PREVEN capsular occuring and its been now four months and im healthy
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Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

I read your facts, is there a specific question with which I could assist?

Customer: replied 1 year ago.
based on my facts is the doctor liable for all my capsular contractures? because (1) he continued to offer procedures at both discounted and free of charge... (2) as soon as i changed physicians he took new pracautions and preventtive care whereas the 1st doctor did not.
Customer: replied 1 year ago.
its been now almost four months and I have not had any recurring infections with this new surggery/doctor
Expert:  Dwayne B. replied 1 year ago.

I can't say he's responsible for all of them since 1) I'm not a medical expert and 2) we don't have any medical expert reports on the physician's behavior.

What I can tell you, and this may be what you were asking, is that if you choose to sue then the fact that he offered discounts or free treatments/surgeries does not relieve him of any liability for his malpractice. Some doctors in similar situations have tried to take the position that since they did work for free then that removes them from any obligation but that's just incorrect. You would still be able to sue them for the malpractice and for any damages that result from the malpractice regardless of how much they charged.

PLease ask any follow up questions in this thread.