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ARTICLE ID 48266

$________ GROSS Medical malpractice - Inappropriate breast surgery - Poor surgical technique - Permanent scarring and deformity.

Miami-Dade County

The plaintiff was a 24-year-old female who underwent two breast-lift surgeries performed by the defendant plastic surgeon. The plaintiff alleged that she was not an appropriate candidate for the surgeries and that the defendant used poor surgical technique, leaving her with permanent scarring and disfigurement.

The plaintiff testified that the defendant represented to her that he had trained in Brazil to perform the breast lift surgery at issue. In fact, the plaintiff claimed that the defendant had never trained for the surgery, had limited experience with this operation and was not board certified in plastic surgery.

The plaintiff’s medical expert testified that the plaintiff was not an appropriate candidate for the surgery proposed. Furthermore, the expert indicated that the surgery is not performed by most plastic surgeons in the United States. The surgery was described as a "new technique" pioneered in Brazil. The plaintiff contended that the defendant’s poor surgical technique led to her permanent scarring and disfigurement.

The defense argued that scarring is highly variable with the type of surgery performed and that the plaintiff’s so-called disfigurement stemmed from subsequent weight gain and two pregnancies. The defendant maintained that he had, in fact, successfully performed the subject breast lift surgery before and, although he is not board certified in plastic surgery, he was qualified to perform the procedure. The defendant testified that he never represented that he was board certified in plastic surgery. The defendant also contended that his credentials were readily available if the plaintiff had sought to obtain them.

The jury found the defendant 85% negligent and the plaintiff 15% comparatively negligent. The plaintiff was awarded $________ in damages, which were reduced to a net award of $________. Post-trial motions are pending.

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