Doctor gave woman breast implants that were too big, suit claims

By Ben Hart | May 29, 2014

CHARLESTON -- A West Virginia woman has filed a suit against her plastic surgeon after he allegedly ignored her wishes regarding breast implant size.

Amy E. Higgs filed a petition May 15 in Kanawha Circuit Court against Dr. Nathan Menon and CAMC Health Systems Inc., citing breach of trust.

Higgs alleges in the petition she went to Menon for breast reconstruction after battling breast cancer, and Menon ignored Higgs's specific request regarding implant size.

"The plaintiff feels as though she was abused by the doctor due to him completely disregarding her wishes while she was under anesthesia," the complaint states. "Had the doctor consulted with the plaintiff's husband, who was present at the hospital during the procedure, the plaintiff's wishes would have further been expressed, hopefully alleviating the doctor proceeding as he did.

"Unfortunately it was later learned per the plaintiff's records that (Menon) did not even request the implant sizes be ordered and available for the procedure, therefore substantiating the defendant's plan to never provide the end result requested."


The suit alleges Higgs will need revision surgery within three years of the implants being placed to reduce the size of the implants, putting her at risk for complications and causing her and her husband to take time off from work for her post surgery recovery.

According to the brief, her insurance company will not cover the second surgery, claiming it is an elective surgery.

Higgs is seeking an amount the court considers fair for all costs of revision surgery, the amount necessary for nipple reconstruction and tattooing, damages, loss of income, interest and court costs.

Higgs is representing herself in the case, which has been assigned to Circuit Judge Tod. J Kaufman.

Kanawha Circuit Court Case No. 14-C-898

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