Guest guest Posted April 26, 2001 Report Share Posted April 26, 2001 , If you signed an informed consent after surgery, then you were not truly giving you ps informed consent to do the procedure. Legally, he can be held liable for doing a procedure on you you never signed an informed consent for. And this holds true for any type of procedure, surgery, etc., not just plastic surgery. However, there are loopholes. If you signed an informed consent after the surgery, but the date on it was the day of or before your surgery, than there is nothing you can do. Also, if he noted in your chart that he had gone over the potential risks/complications, and you had verbally given your informed consent, than he is covered. But if none of the above occurred, than he/she essentially could be sued for assualt and battery, although it would be tricky to prove in a court of law, since you allowed him to perform the surgery anyway. But, to answer your question, if the consent has a date after the surgery, then technically you never gave him your informed consent. Also, women who receive smooth implants still go through the same implantation procedure that women receiving textured implants go through. It's no less invasive. I have been told by Pierre Blais that the reason so many women received and still receive textured implants is because they are supposed to be better able to keep bacteria, molds, and fungi limited to the surface of the implant and not allow it to form anywhere else. Well, as so many women have seen, including myself, this is far from the truth. e Quote Link to comment Share on other sites More sharing options...
Guest guest Posted April 27, 2001 Report Share Posted April 27, 2001 The date on my consent form is one week to the day following my surgery, but I still don't think I could really sue him, I mean I totally wanted the implants, so how can I actually blame him. The issue with the textured implants is that as Dr.feng explained to me, they are way more likely to cause problems, and cause inflammation and allergic reactions. Also they are way more difficult to remove, and no one warned me of this, my implants were so imbedded in my tissues that it took several people holding retractors while Feng cut and scraped to get them out...I am still sore in my chest muscles, and don't believe everything is completely healed, and I am, or at least I was, a very good healer. I am curious as to why it is that any PS would use something that is such an inferior product when it comes to removal. I realize that they don't think you will be removing them , but eventually they must come out and having something imbedded in your body cannot be a good thing. Well, thanks e for answering my question. I am really adjusting and getting used to my small breasts again, and am slowly getting over this ordeal as far as the emotional part goes, but I still have some anger left of course. The hardest thing is knowing in your heart that it was the implants that harmed you, but never really being able to prove it for sure. That frustrates me every day and night. What a dilemna! In @y..., cvrn8@a... wrote: > , > > If you signed an informed consent after surgery, then you were not truly > giving you ps informed consent to do the procedure. Legally, he can be held > liable for doing a procedure on you you never signed an informed consent for. > And this holds true for any type of procedure, surgery, etc., not just > plastic surgery. > > However, there are loopholes. If you signed an informed consent after the > surgery, but the date on it was the day of or before your surgery, than there > is nothing you can do. Also, if he noted in your chart that he had gone over > the potential risks/complications, and you had verbally given your informed > consent, than he is covered. But if none of the above occurred, than he/she > essentially could be sued for assualt and battery, although it would be > tricky to prove in a court of law, since you allowed him to perform the > surgery anyway. But, to answer your question, if the consent has a date > after the surgery, then technically you never gave him your informed consent. > > Also, women who receive smooth implants still go through the same > implantation procedure that women receiving textured implants go through. > It's no less invasive. I have been told by Pierre Blais that the reason so > many women received and still receive textured implants is because they are > supposed to be better able to keep bacteria, molds, and fungi limited to the > surface of the implant and not allow it to form anywhere else. Well, as so > many women have seen, including myself, this is far from the truth. > > e Quote Link to comment Share on other sites More sharing options...
Guest guest Posted April 27, 2001 Report Share Posted April 27, 2001 Hi , They ALL do whatever they do for the $$$s, and 'play the odds' -- perhaps they will never get caught! I cannot believe the amount of 'responsibility' you are willing to take for the problems you are continuing to have, for something a PS did to you without your prior knowledge!!! Amazing! MM / NSIF Martha Murdock, Director National Silicone Implant Foundation Dallas, Texas Headquarters ----- Original Message ----- From: <carina063@...> < > Sent: Thursday, April 26, 2001 8:09 PM Subject: Re: re-legal issues > The date on my consent form is one week to the day following my > surgery, but I still don't think I could really sue him, I mean I > totally wanted the implants, so how can I actually blame him. The > issue with the textured implants is that as Dr.feng explained to me, > they are way more likely to cause problems, and cause inflammation > and allergic reactions. Also they are way more difficult to remove, > and no one warned me of this, my implants were so imbedded in my > tissues that it took several people holding retractors while Feng cut > and scraped to get them out...I am still sore in my chest muscles, > and don't believe everything is completely healed, and I am, or at > least I was, a very good healer. > > I am curious as to why it is that any PS would use something that is > such an inferior product when it comes to removal. I realize that > they don't think you will be removing them , but eventually they must > come out and having something imbedded in your body cannot be a good > thing. > > Well, thanks e for answering my question. I am really adjusting > and getting used to my small breasts again, and am slowly getting > over this ordeal as far as the emotional part goes, but I still have > some anger left of course. > > The hardest thing is knowing in your heart that it was the implants > that harmed you, but never really being able to prove it for sure. > That frustrates me every day and night. What a dilemna! > > > > > > In @y..., cvrn8@a... wrote: > > , > > > > If you signed an informed consent after surgery, then you were not > truly > > giving you ps informed consent to do the procedure. Legally, he > can be held > > liable for doing a procedure on you you never signed an informed > consent for. > > And this holds true for any type of procedure, surgery, etc., not > just > > plastic surgery. > > > > However, there are loopholes. If you signed an informed consent > after the > > surgery, but the date on it was the day of or before your surgery, > than there > > is nothing you can do. Also, if he noted in your chart that he had > gone over > > the potential risks/complications, and you had verbally given your > informed > > consent, than he is covered. But if none of the above occurred, > than he/she > > essentially could be sued for assualt and battery, although it > would be > > tricky to prove in a court of law, since you allowed him to perform > the > > surgery anyway. But, to answer your question, if the consent has a > date > > after the surgery, then technically you never gave him your > informed consent. > > > > Also, women who receive smooth implants still go through the same > > implantation procedure that women receiving textured implants go > through. > > It's no less invasive. I have been told by Pierre Blais that the > reason so > > many women received and still receive textured implants is because > they are > > supposed to be better able to keep bacteria, molds, and fungi > limited to the > > surface of the implant and not allow it to form anywhere else. > Well, as so > > many women have seen, including myself, this is far from the truth. > > > > e > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted April 27, 2001 Report Share Posted April 27, 2001 , I'm amazed that your ps allowed you to sign the consent 1 wk after surgery!! Technically, you do have a case against him, but again, it would be hard to prove since you did have the surgery done. But legally, that consent is null and void since it was signed after your surgery. Legally, you could charge him with assault and battery even though you had the surgery. By not having an informed consent prior to surgery, you were not informed, regardless of the fact that you agreed to the surgery. I see it daily when I work in the recovery room. People come in for surgery, and they verbally agree to it, but are still clueless as to why they are having it done, and how it's done, and the dangers. They agree because their doc says "it's needed, or they'll be better off." It's amazing how uninformed these pts are!! And legally, no surgery is to be done without an H & P (history and physical), and an informed consent for surgery and anesthesia. I've seen some docs get the informed consent just prior to surgery, but in that case it's legal as long as the pt hasn't been given a sedative/hypnotic/or other medication that can cause you to be "under the influence." You are right about textured implants--they are much harder to remove. Theoretically, though, they are supposed to resist bacterial growth and limit growth just to the outer portion of the implant. However, in my report from Pierre, he stated that because of the texture, there are "dimples" and irregularities in the implant. When placed, the body will try to fill in these holes by growing tissue to these holes. As the yrs go by, the tissue becomes more embedded in the implant and more tightly adhered, thus the reason they are harder to remove. Dr. Huang had a terrible time removing my implants--especially the left one. She said it was like "cement." She also had to pull and scrape it off my breast tissue. The right one was slightly easier to remove, because it had a rupture in it, and was leaking saline, whereas the left one was initially overfilled and therefore much larger. I, too, am fighting the anger about what the manufacturers are doing to innocent women. It is an anger that refuses to go away, but I know that eventually I'll have to let it go. For now, I am going to attempt to sue (with the involvement of other women and agencies that deal with breast implant litigation) McGhan. I will not rest until there has been a decent attempt to right the wrongs. I requested tons of info from McGhan about their implants, as I was not informed when I gave my consent. I was supposed to receive info from McGhan and a consent from McGhan and I never did. So I requested to have sent to me everything that I should have received as well as the info docs receive on the implants. My ps told me that saline implants were safe and that all the women who had silicone were now exchanging them for saline. And that they were lifetime devices. Who was to know the dangers? At the time all the hype was about silicone implants, and saline was just being touted as "safe." But after all the research I have done and all the help I have provided to women, I never would have thought that saline implants could cause the same problems as silicone (when I had them placed). I kick myself daily for not giving it more thought. After all, I am a RN, and I should have known. And worse, is that just about everyone who knew I was getting the implants tried to talk me out of it. And I wouldn't listen. I was going to get them regardless. And now I'm paying with my health. In addition to the McGhan lawsuit, I am suing my ps. He did some things that are absolutely contraindicated by McGhan, plus, I feel that I did not receive informed consent. If I had known then what I know now, I NEVER would have opted to receive implants. Anyway, take care and keep in touch!! e Quote Link to comment Share on other sites More sharing options...
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