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Clark Love & Hutson

The Nationally Recognized Plaintiffs Litigation
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The Nationally Recognized Plaintiffs Litigation Law Firm

Can I sue for defective breast implants?

On Behalf of | Apr 26, 2024 | Defective Product Litigation |

Houston residents have breast augmentation surgery for various reasons. As with any other medical procedure, when you have this surgery, you expect that the implants are safe and meet industry standards. You also trust that the doctors who perform the surgery will meet their professional standard of care.

Unfortunately, it’s possible to end up with significant damage if you receive defective breast implants, either because the implants themselves were defective or due to the surgeon’s negligence.

Potential risks involved with breast implants

Defective breast implants have been recalled in the past, leading to the Food and Drug Administration acting to increase safety requirements for breast implants and make sure people understand the potential risks and complications involved with breast implants and the surgery.

The risks can range from minor to extremely serious. Minor complications can include breast pain or a rupturing of the breast implant, requiring additional surgeries, while serious complications can include certain types of cancer.

Whom can I hold responsible?

You can file a lawsuit if your breast implants are defective, but first you must know who exactly to sue. This depends on the specific facts of your case, but it is typically the manufacturer of the implants and/or the physician who performed your surgery.

If you want to hold the manufacturer liable, you must prove that they failed to warn you and your physician about a specific risk with the implant, that the manufacturer was negligent by not making sure the implant was defect-free or that the manufacturer breached their warranty.

In some cases, a seller or distributor of defective breast implants could be held liable. If you attempt to hold the physician liable, you must file a medical malpractice lawsuit and prove that they breached their duty of care, and this led to your injuries.

Overall, there are many different parties you could hold liable for defective breast implants. You can potentially receive various types of damages, both economic and non-economic, depending on your situation.