Do I have a strong medical malpractice case? ?

You need to consult with a medical malpractice/personal injury attorney quickly. These cases are time sensitive and missing a deadline can be fatal to your case. Attorneys take these cases on a contingency basis meaning if they cannot recover anything for you via settlement/verdict you owe them nothing. All costs of litigation are fronted by the attorney. Initial consultations are free so you really have nothing to lose by contacting one or two. Also, if you know the type of implant that was used try googling it to see if any class action lawsuits are pending against the maker of the implant. If there are maybe you can still join the class of plaintiffs. If you like any of the answers to your question, contact that attorney for more information. Alternatively, has a great Find a Lawyer tool or referrals can be given. Good luck to you.

Have your medical symptoms been connected to the ruptured implant? If yes, I do not see how your insurance company can say the removal and replacement of the implants is cosmetic. You may have a products liability claim against the manufacturer of the silicone implants. You should consult with a products liability lawyer in your area to go into this further.

I agree with Mr. DeProspo....this is probably not a medical malpractice case based on the way you've framed your question. Instead, the issue is whether the ruptured implant was defective and is the cause of your current problems. To the extent you have a claim it is likely to be a product liabilty claim. To bring a product liability claim, you have to prove the design and manufacture of the implant was inappropriate and an expert would have to render an opinion as to how a safer implant could and should have been used. They can be very expensive to litigate as a consequence. Given that the implants were implanted many years ago, you should investigate your claim asap as the statute of limitations is running. good luck!

I agree this is products liability. Ruptured Implants are a known risk and are disclosed on standard consent forms that I'm sure you don't remember reading this far down the road. Insurance coverage for removal of implants is pretty hit and miss. Ask your surgeon to assist with an appeal. Beware of a lot of nonsense on the Internet about the health risks of free silicone. Ask your doctor for information that she relies on in this area. Ultimately you need to get ruptured implants out. Worry about your health first and any potential suit second. Yes there are statute issues and your suit could be compromised. However your health is by far your first priority. Good luck.