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Who's liability is this?

Q:

I had pectoral implants put in 1 1/2 years ago and my left implant has fallen and twisted 90 degrees, my surgeon says he isn't going to charge for his time but I have to pay $2750 for a new implant, operating room, etc. Who's liability is this?

A:

This is very standard in Plastic Surgery to not charge for the surgeons time, but to charge the patient for the hard costs of surgery.  This is a complication, and they can happen.  To say that this is the surgeons fault, or patients fault, or just one of those things that just happens is impossible.  It is not ideal, but this sounds like a "shared" liability, and try to make lemonade from lemons.

Dan Mills

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