Case details

Plastic surgeon claimed patient gave consent for breast lift

SUMMARY

$0

Amount

Decision-Defendant

Result type

Not present

Ruling
KEYWORDS
anxiety, breast, chest, depression, disfigurement, emotional distress, mental, psychological, scar
FACTS
From June 2009 until August 2009, plaintiff Susan Jaber, a car rental manager in her 50s, underwent three surgeries on her breasts at Loma Linda University Medical Center. The procedures were performed by Dr. Michael Hill, a plastic surgeon. Jaber began treating with Hill in 2008 for the revision and completion of her breast reconstruction. She previously had both of her breasts removed in a bilateral mastectomy and presented to Hill to complete her breast reconstruction after changing health insurance. As a result, Hill performed three surgeries on Jaber in 2009. However, Jaber claimed the surgeries left her breasts disfigured, requiring her to seek treatment with another plastic surgeon. Jaber sued Hill, Loma Linda University Health Care and Loma Linda University Medical Center. She alleged that Hill failed to obtain her informed consent and that this failure constituted medical malpractice. The claims against both Loma Linda entities were ultimately dismissed prior to a bench trial. Jaber contended that she was persuaded by Hill to undergo a more extensive reconstruction than she originally wanted, and that Hill used incisions during the surgeries that were contrary to her expressed wishes and desires. Specifically, she claimed that she was not adequately advised as to what would be done, in that the informed consent form did not mention a mastopexy, also known as a breast lift procedure. Jaber claimed she did not want scars below her breast and never consented to a mastopexy. Hill claimed his treatment did not fall below the standard of care and that Jaber did consent to a mastopexy procedure. Defense counsel contended that while the informed consent form did not specifically mention the mastopexy, both the operative report and nursing documentation explained the procedure. Hill also claimed he thoroughly discussed the details and incision marks of the procedure with Jaber, and that she consented to having it performed., Jaber alleged that the incisions of the mastopexy and manner of those surgeries left her with unsightly scarring and malaligned breasts. She also alleged that the cross-incisions Hill made for her nipples were much larger than she wanted. As a result, Jaber underwent further revision with another plastic surgeon, which included the insertion of new implants. Jaber claimed that she is now permanently disfigured due to Hill’s treatment, and that she also experiences pain and discomfort in her breasts. She further claimed she suffers from emotional distress with symptoms of depression and anxiety, and missed roughly a year of work due to her treatment and recovery. Thus, plaintiff’s counsel asked the court to award Jaber damages of $45,000 for her past medical costs, $45,000 for her past lost earnings, and an unspecified amount for her past and future pain and suffering. Defense counsel argued that Hill did not cause Jaber any disfigurement or emotional distress. Counsel also argued that other factors, including Jaber’s cancer and family issues, caused any alleged emotional distress.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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