This guide on breast surgery compensation claims will help if you believe you’ve suffered because your surgeon or another medical professional was negligent. Whether you opted to be treated for cosmetic reasons or to reconstruct your breast following a mastectomy you could be compensated for any suffering caused by medical negligence. We will look at the types of mistakes and errors that could lead to a claim and also explain how much compensation could be awarded for a botched breast augmentation procedure.
Our team of specialist advisors can help if you wish to check your options. They’ll review your case with you, find out why you wish to claim and let you know your chances of being compensated. If the claim is strong enough, your solicitor will agree to represent you on a No Win No Fee basis. Knowing that you won’t pay legal fees unless compensation is paid should make the claims process a little less stressful.
Please continue reading to find out more about breast surgery compensation claims. However, if you’re ready to discuss your claim right away, please call our free advice centre on 0800 6524 881.
Table of contents
- Am I Eligible To Make A Breast Surgery Compensation Claim?
- Common Types Of Breast Surgery
- Consequences Of Negligence By A Breast Surgeon
- How Much Compensation For Breast Surgery Negligence?
- Evidence To Support A Breast Surgery Compensation Claim
- Time Limits For Claiming Breast Surgery Compensation
- Starting The Breast Surgery Compensation Claims Process
Before your claim is taken on by one of our team of medical negligence solicitors, they’ll carefully check whether the grounds for your case are strong enough. Initially, they’ll try to establish:
- Negligence: Where your breast surgeon provided a level of care that fell below the standards that you might reasonably expect; and
- Causation: Here your solicitor will try to determine whether the surgeon’s negligence has caused you to suffer in some way.
Importantly, no matter how badly you’ve suffered following breast surgery, compensation can only be sought if the surgeon can be shown to have been negligent. Therefore, your solicitor will need to call on independent medical experts to review the case and find out what happened. If the expert believes they’d have acted differently given the same set of circumstances i.e. the breast surgeon was negligent, you could be eligible for a compensation payout.
Some of the common types of breast surgery that might be performed include:
- Lumpectomy or mastectomy. Where breast tissue is removed to prevent the spread of cancer.
- Removal of non-cancerous lumps.
- Breast reductions. This procedure may be chosen for cosmetic or medical reasons.
- Breast reconstruction. This is common after breast cancer surgery.
- Breast augmentation. To increase the size of the breasts with implants.
- Breast lift (mastopexy). The removal of excess skin to raise the breasts.
Any negligence during breast surgery that has caused you to suffer may entitle you to compensation. Importantly, a medical negligence solicitor from our team could help you claim against a private medical practice or the NHS.
It’s important to state that there are some known risks associated with most surgery. That means some problems caused by breast surgery are unavoidable. Therefore, we must reiterate that your claim must be based on something your surgeon did wrong (negligence). Some of the most common problems caused by negligent breast surgery include:
- Ruptured, leaking or deflated implants.
- Sagging breasts.
- Different-sized or asymmetrical breasts.
- Ripples or creases in the breast because the implant can be seen through the skin.
- Damaged breast tissue.
- Abnormal scarring.
- Loss of sensation in the breast or nipple.
Any of the above may result in a lot of physical pain and suffering. This may result in you requiring further intrusive and possible surgery to try and rectify the situation. Breast injuries following negligent surgery can also be damaging psychologically. Therefore both physical and mental suffering will need to be factored into any breast surgery claim.
As well as the problems listed above, there may be other reasons to claim compensation against a negligent breast surgeon. For example, you may have grounds to claim other forms of treatment were not considered or the risks of the procedure were not properly explained. Similarly, you could claim if your medical history was not checked by the breast surgeon before treatment.
When claiming compensation for suffering caused by negligent breast surgery, any settlement will typically be based on general damages (pain, suffering, loss of amenity etc) and special damages (financial impact). If you work with one of our specialist solicitors, they’ll review your claim in detail to try and ensure your suffering is fully compensated.
In any breast surgery negligence claim, you could be compensated for the following:
- Any physical pain and suffering caused by your injuries from the breast surgery.
- Embarrassment, distress, anxiety or other forms of mental trauma.
- The cost or time somebody else spent supporting you while you were recovering.
- Any negative impact your injuries had on your social activities or usual hobbies.
- Loss of income if you could not work because of your injuries.
- Private breast surgery to try and reduce your symptoms.
- Travel costs linked to your treatment.
We believe that there’s a better chance of being fairly compensated for your suffering if you have a specialist solicitor on your side. That’s because it’s not uncommon for insurers to offer low settlement amounts for any type of claim. If you work with a solicitor from our team, they’ll check any breast surgery compensation offer carefully and counter it if it is too low.
As general damages are awarded based on the severity of physical and psychological injuries, it’s not possible to provide an exact compensation estimate until your case has been reviewed properly. However, our compensation calculator provides some guideline compensation ranges that might prove useful for breast surgery claims:
Please bear in mind that each breast surgery compensation claim is unique as each claimant will have suffered differently. If you’d like to check how much your claim might be worth, please speak to us today.
In any type of medical negligence claim, evidence is needed to prove how you’ve suffered and why the defendant was responsible. If you can’t provide such evidence, your claim is likely to be rejected. Therefore, your solicitor will work hard on your behalf to try and present as strong a case as possible. The types of evidence they could use to support a breast surgery compensation claim include:
- Your medical records. These could help to establish whether breast surgery was actually the best option. They can also be a good way to demonstrate how you’ve suffered since surgery.
- A statement from you. This is a good way for you to explain the suffering you’ve had to deal with since you were treated.
- Witness statements. Family and friends may also be asked to explain how you’ve suffered following your breast surgery procedure.
- Before and after photographs. These can help to prove the extent of your injuries.
- Financial records. These can include bank statements, receipts or wage slips to claim back any costs incurred because of your injuries.
- Independent medical records. Here an expert witness will explain your prognosis after examining you and discussing how you’ve suffered.
- Correspondence. If you’ve received letters or emails about your treatment (including responses to a complaint), these should also be forwarded to your solicitor.
It’s common for a waiver or consent form to be signed prior to breast surgery. However, this form does not remove your surgeon’s duty of care towards you. Therefore, it cannot be used to stop you from making a breast surgery compensation claim if your suffering was caused by negligence. Your waiver or consent form could actually be used as evidence to support your claim so please have it ready when you call.
A 3-year time limit will apply to any breast surgery claim. This limitation period will begin from the date of your surgery or the date you became aware of your injuries (the date of knowledge).
In our experience, it’s best to start the breast surgery claims process as early as possible so that you’ll receive your compensation sooner if the claim is successful. Furthermore, it is sometimes possible for our solicitors to request an interim payment to help you financially (loss of earnings for example) or to cover the cost of private medical treatment before your claim is settled.
We could help you to start a claim today if you call us on 0800 6524 881 for a no-obligation initial consultation. An advisor will explain everything clearly and review your claim for free.
If your claim is accepted by a solicitor from our team, you won’t pay any legal fees upfront because your case will be managed on a No Win No Fee basis.
If you have any immediate questions about the process of making a breast surgery compensation claim, please use our free live chat service to connect with an advisor.