Malpractice: When Your Doctor Doesn't Advise on DIEP Breast Reconstruction Surgery

Patients who suffer from chronic illness, as well as those recovering from surgery, depend on their medical team to provide them with information about new therapies and treatments. According to a June 2008 report published by the Associated Press, for many reasons, including fears of malpractice litigation, physicians are sometimes hesitant to recommend a new surgical procedure for breast reconstruction surgery known as DIEP.

While federal law mandates that all insurance companies pay for post-mastectomy breast reconstruction surgery, for the most part, women are typically presented with saline or silicone implant options.

In the new procedure, called a DIEP flap, the surgeon moves a patient's abdominal skin and fat to her chest, transferring and reattaching blood vessels and sometimes nerves in the process. The DIEP flap leaves the abdominal muscles intact. Experts claim the DIEP flap procedure is better for the patients, since preserving the abdominal muscles means patients are better able to resume normal and everyday activities after recovery. Experts also cite reports of patients regaining sensation in their breasts after DIEP surgery. And since the DIEP procedure does not involve implants, the emotional benefits of the procedure are significant, as patients tend to view the procedure and outcome as a “real” breast.

Unfortunately, the surgery is not often recommended to patients. As of the June 1998 AP article, fewer than 100 surgeons in the U.S. are qualified to perform this type of surgery. And because the surgical costs are much higher than a typical implant surgery, insurers are reluctant to approve DIEP.

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