Physician liability for failure to remove breast implants.

Abstract

In cases where the failure to remove breast implants later results in injury, physicians may be exposed to liability if it can be shown that the woman would have removed the implants had she received more adequate or complete advice regarding the risks of keeping the implants in place. It is possible that courts may impose liability on physicians for failing to take affirmative steps to remove the implants under limited circumstances. In cases where adequate warnings are given, however, liability will rest only where causation can be shown. Proving causation is always fact-specific and will vary from case to case. In general, it must be established that the physician did not give complete advice and that if better advice had been given, the patient would have had the implants removed, preventing later injury. Physicians have at least three potential defenses to negligence actions regarding the failure to remove breast implants. First, the physician may maintain that he or she warned the patient and that the patient chose to ignore the advice. Second, the physician may rely upon available FDA and manufacturer recommendations that support the physician's advice regarding removal. Finally, the statute of limitations may bar a claim if more than two years have elapsed since the date of treatment.