Recent Success

Defense Verdict for Plastic Surgeon in Alleged Lack of Informed Consent Case - February 2011

On February 10, 2011, senior shareholder Michael I. Neil and associate Matthew R. Souther obtained a defense verdict on behalf of a Plastic Surgeon. 

The plaintiff came to the Defendant plastic surgeon for breast reduction surgery on referral from her primary care physician. All alternative treatment forms had been exhausted for her low back, upper back and shoulder pain caused by the plaintiff’s large breasts. She had already had a previous breast reduction in 1981. The Defendant performed the breast reduction in November 2008. Subsequent to the breast procedure, in January 2009, the Defendant performed a neck liposuction on the plaintiff and attempted to tattoo her nipples in April 2009. The last time the Defendant saw the patient was in May 2009 when she expressed dissatisfaction over the way her nipples looked.
 
The plaintiff contentions were loss of sensation, breast asymmetry, and painful breasts. She also claimed she suffered emotional distress and could no longer do the things that she did before despite her age of 64.
 
The Defendant contended that plaintiff was advised of all of the above risks for the procedure, and told the patient she was going to have a free nipple graft which would cause severance of her nerves and loss of sensation.
 
Trial lasted 4 days. After a 1 ½ hours of deliberations the jury returned a defense verdict on behalf of the Plastic Surgeon.

Matthew Souther is an associate at Neil Dymott. His areas of practice include professional liability, personal injury and general civil litigation. For further information, Mr. Souther may be reached at (619) 238-1712 or msouther@neildymott.com

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