I make it a policy to discuss implant size prior to the surgery, so that there is no question what size implant is being placed. I insist that the patient make the final decision with my input. Then, in the rare case of a desire for a change of size, it becomes the patient's financial responsibility. You have a much more difficult problem to resolve, if, in reality, you left the implant size to the discretion of your surgeon. Your surgeon, however, is basically replacing your implant at nearly cost. At this time, this will probably your cheapest and easiest method of achieving the size you desire. Any potential legal action will take years to resolve and will not necessarily go in your favor.