Introduction
The use of breast implants has soared among patients who are interested in having a beautification approach or reconstructive surgery after a medical procedure. The availability of these medical and cosmetic devices on the other hand, leads to breast implant related complications which have resulted to multiple lawsuits. As litigators are involved in these complicated cases, breast implants litigation needs an understanding. This article focuses on the litigation of breast implants, how medical records review complements breast implant litigation as well as legal practice tips for lawyers.
1. Overview of Breast Implants
Types of Breast Implants
Generally breast implants fall in one of two major categories; saline and Silicone. Saline implants consist of sterile salt water whereas; silicone implant incorporates a gel similar to breast tissue. There are pros and cons of each which tend to impact the chose the patient makes and possible areas of litigation as well.
Common Reasons for Breast Implant Surgery
Some common reasons that patients include the use of breast augmentations include cosmetic surgery, reconstruction post a mastectomy or correction of birth defects to the breast. The understanding of the motivations along these lines helps the attorneys in looking at the cases.
2. Risks and Complications Associated with Breast Implants
Health Risks
Whilst breast implants are capable of improving ones aesthetic led to concern about risks. General complications include the following:
• Capsular Contracture
• Implant Rupture
• Leakage of Silicone
• Infection
According to the FDA, approximately 1 in 5 women with breast implants will require additional surgery within 10 years due to complications.
Psychological Impact
Breast implant surgery has the potential to change a patient’s psychology forever. A few patients experience anxiety or depression or are simply dissatisfied with the final result. All of which further leads to legal claims being raised on the manufacturers or healthcare providers.
3. Legal Landscape of Breast Implant Lawsuits
Historical Context
The history of legal cases regarding the breast implant began with issues relating to breast implants making use of silicone starting from the 1990. This led to the NBA sex trade as also to a ban on silicone implants. This was followed by efforts at clinical trials and subsequent banning by the FDA in 2006. It is necessary to have background knowledge to understand how the cases are being silvered today.
Current Trends in Litigation
When it comes to legal cases surrounding breast implants, the number of lawsuits involving textured implants offered by Allergan, which have been associated with Anaplastic Large Cell Lymphoma, which is a rare type of cancer, is growing at an alarming rate. It is very important for lawyers to note such trends since they can help them with addressing issues raised by their clients.
4. Key Legal Considerations
Often, the reason various women seek legal actions against breast implants is also termed as negligence or breast implant product liability, which can be defined as a chance in which the breast implant manufacturer has not supplied enough protective measures which range from the use of safe implants and sufficient warning of any form of potential risks that may come from using the implants.
Informed Consent
Informed consent is also an important section to breast implant surgery. Patients who have the intention of the procedure must be fully aware of both the dangers alongside the benefits before the surgery itself. Otherwise, providers who fail to get such consent are legally liable.
Statute of Limitations
There is variability in the time frame of when each state allows a filing of a lawsuit, meaning the case may easily become irrelevant. Attorneys should be observant of such timelines so that they can act on time.
5. The Role of Medical Records Review in Breast Implant Lawsuits
Importance of Accurate Medical Documentation
Without a doubt, accurate medical documentation is crucial in breast implant lawsuits. It substantiates the individual in question’s past medical history, the consent signed off on the patient, as well as the flow of events after the surgery was completed.
How Medical Records Review Supports Attorneys
Medical records review companies play a crucial role in assisting attorneys by:
• Flagging medical documents that are contradictory
• Directing attention towards history of treatment and history sustaining
• Commenting on the level of practice involved
By leveraging these services, attorneys can build stronger cases and improve their chances of favorable outcomes.
6. Case Studies
Case Study 1
Overview: a 35 year old female is on the receiving end of breast prostate augmentation with silicone inserts. After a couple of years she started exhibiting severe signs of complications such as capsular contracture and implant malformation.
Challenges: The first and foremost issue in this matter was the failure by the manufacturer to provide adequate warnings on the risks related to the use of their implants. Additionally, the patient had difficulty accessing her medical records due to the professional negligence of the healthcare provider.
Solutions: The attorney asked a medical records retention firm to carry out an extensive review of the patient’s record of the medical history and the record of ‘surgical’ documentation. This review pointed out the significant inconsistencies in the informed consent process and insufficient postoperative care.
Case Study 2
Overview: A reported case of a 42-year-old woman who was diagnosed with Anaplastic Lymphoma Cell Lymphoma post texture breast implants after undergoing mastectomy and breast reconstruction.
Challenges: Moreover, the attorney had the concern of how the implications of the product liability laws on the treatment enabling her client women to sue for the diagnosis of cancer caused by the implants.
Solutions: The attorney worked together with a medical records review company to ensure enough professional medical related documentation was collected. These included pathology reports and expert witnesses on the dangers caused by textured implants.
7. Conclusion
Legal practitioners dealing with the breast implant suits are more concerned with the issues surrounding such cases as they tend to be more complicated in nature and present wide range medical, legal and psychological problems. The use of the medical records review service is beneficial to legal practitioners in ensuring that they strengthen and increase the competitiveness of their cases and clients. Knowledge on the changing trends and risks of breast implants is crucial in achieving success in this area.
