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Medical malpractice - Surgery - Informed consent - Battery - Placement of oversized breast implants - Infection - Emotional distress.

Ventura County, California (140420)

In this medical malpractice matter, the plaintiff alleged that the defendant was negligent in placing oversized implants in her breasts and failing to properly treat an infection that developed following the surgery. The defendant denied the allegations and maintained that the plaintiff gave informed consent. The defendant also denied that there was any deviation from acceptable standards of care in his treatment of the plaintiff for the care of the infection.

The plaintiff went to the defendant for replacement of breast implants since the plaintiff had concerns over leakage of her current implants. The defendant performed the procedure and the plaintiff contended that the defendant replaced the implants with oversized implants which she did not agree to having implanted. The plaintiff also alleged that as a result of the replacement procedure, the plaintiff developed an infection which the defendant failed to properly treat. As a result of the infection, the plaintiff had to undergo surgery to remove the implants.

The plaintiff alleged that she sustained medical expenses of $________, which included the cost of replacement implants. The plaintiff brought suit against the defendant, alleging medical malpractice in the placement of the new implants and the resulting infection and for battery in the placement of oversized implants into the plaintiff without her consent.

The defendant denied the allegations and maintained that there was no deviation from acceptable standards of care. The defendant maintained that the plaintiff informed the defendant that she wanted bigger breasts and left the size up to the defendant. The defendant maintained that the proper size implants were used. Further, the defendant maintained that the plaintiff gave informed consent to the procedure.

At the conclusion of the trial, the jury found in favor of the defendant and against the plaintiff.