Last updated on November 13th, 2021
If your breast surgery has caused you unnecessary pain and upset and you believe it was because of negligence by your surgeon or other medical professional, you should explore your legal options for filing a breast surgery compensation claim.
Thanks to advances in cosmetic surgery, as well as vast improvements in breast implants over the years, breast augmentation is largely successful. Most women who undergo breast surgery are happy with the results, whether they opted for the procedure for cosmetic reasons or to reconstruct their breast following a mastectomy. Unfortunately, there are times when breast surgery can go wrong, causing both physical and emotional anguish, and in cases of surgical negligence, compensation may be due.
Consequences Of Breast Surgery Negligence
Breast surgery compensation claims typically involve any one or several of these consequences attributed to surgical negligence:
- Ruptured, deflated or leaking implants;
- Sagging breasts;
- Different sized breasts;
- Abnormal scarring around the implant;
- Implants keep slipping or moving;
- Implants can be seen through the breast skin in the form of ripples or creases;
- Wrongful breast position – too high, too low, too wide;
- Formation of visible double mound on the breast;
- Loss of sensation in the breast and nipple;
- Damaged breast tissue;
- Reaction to the anaesthesia;
- Allergic reaction;
- Formation of blood clots in the breast.
Sometimes another cosmetic procedure may be required to correct what went wrong during the first breast surgery, causing even more pain and discomfort. In addition to the physical pain and discomfort, a botched breast augmentation procedure can leave you in severe emotional distress, as the results are not what you were hoping for.
Cosmetic Surgeons Duty Of Care
Anybody who carries out beauty treatments and cosmetic surgery procedures have a duty of care towards their customers (PDF file). Under this clause, your cosmetic surgeon has a duty of care to ensure that your breast surgery procedure is carried out only after having taken all possible precautions. If the cosmetic surgeon failed in their legal duty of care and your procedure was unsuccessful as a result, it may be considered clinical negligence. A breast augmentation compensation claim is a specific type of clinical negligence claim.
How Much Compensation Could I Claim?
The exact amount of compensation you will be awarded in a successful claim will be calculated by a personal injury solicitor and will depend on a combination of several factors.
You would be compensated for the physical pain and discomfort as well as emotional anguish you experienced due to the breast surgery.
The compensation can also include all actual costs and financial losses related to the breast surgery. This includes all medical and travel expenses associated with the original and remedial procedures as well as loss of earnings if you were forced to take days off from work.
To get a general idea of compensation levels for general damages please use the compensation calculator below. To determine what compensation may also be due for special damages and a better overall idea of what you could claim in total, contact us for a free consultation with a solicitor.
Challenges In Breast Surgery Compensation Claims
To win a breast surgery compensation claim, you must be able to prove that your injuries were caused due to somebody else’s negligence and were no fault of yours. In the case of a breast surgery claim, you will be required to prove that your injuries were the result of cosmetic negligence, typically the cosmetic surgeon’s negligence or error. To do this, you will need to prove one or more of the following:
- The cosmetic surgeon failed to fully explain all the possible risks involved with the procedure.
- The proper protocol was not followed before, during, or after the procedure.
- The precautionary measures put in place were inadequate.
- There was a clinical error during the procedure.
- You were not provided with instructions regarding post-op care.
It’s easy to see that proving any of these can prove to be challenging as it will be your word against the cosmetic surgeon’s word. Your best chances of winning a breast surgery compensation claim is by having a medical negligence solicitor who has experience in this field.
Benefits Of Medical Negligence Solicitors
Medical negligence solicitors are specialists with this area of personal injury law. An experienced medical negligence solicitor should be adept at handling various types of cosmetic claims such as a breast augmentation gone wrong, and know how to put together a winning case. They also have access to legal libraries to research precedents that can be used to support your claim and qualified medical professionals who can provide expert testimony as to the nature of your faulty cosmetic procedure.
Another benefit of having a medical negligence solicitor is that they will almost certainly fund your claim if you have a strong case using a No Win No Fee agreement.
A No Win No Fee agreement basically means you will not have to pay a penny if your claim was not won. In short, the agreement states that your solicitor will bear all the legal costs of the breast surgery compensation claim until such time that it is closed. You are not liable to pay any legal fees or retainer during this time or if your claim is unsuccessful. You agree to cover the legal costs only if your claim is successful and you are awarded compensation. The No Win No Fee contract will confirm the details of how much you will pay and how that payment is to be made. Generally, the amount you will have to pay is a set percentage of the total amount awarded to you and is deducted from the compensation awarded.
Not sure whether or not you have legal grounds to pursue a breast surgery compensation claim? Contact us today and a solicitor will be happy to advise.