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When mistakes are made during breast surgery, it can be both physically and emotionally devastating. If you have suffered ongoing pain, disfigurements or a poor outcome due to your surgeon’s negligence, you have a right to justice.
For over 30 years, our specialist breast surgery claims solicitors have helped those affected by substandard care move forward with their lives. From recovering the compensation you need for corrective surgery and therapies, to finding answers to what happened – you can trust us to champion your claim from start to finish.
Do you have a breast surgery claim?
Breast surgery is a common cosmetic procedure, and most end in a positive result. But like any procedure, errors do happen and can cause complications from asymmetrical breasts and abnormal scarring, to ruptured implants and nerve damage.
If you have suffered pain, emotional harm or an unsatisfactory result due to mistakes made in your operation, you may be entitled to make a breast surgery claim. This can help you recover damages that cover the cost of corrective surgery, and allow you to find closure from this incident.
The specialist breast surgery claims solicitors for Essex & East Anglia
Since 1993, our expert breast surgery claims solicitors have recouped thousands in compensation for clients impacted by negligent care.
We understand the distress a mismanaged breast surgery can cause. We commit the resources to pursue the right settlement, and ensure that those responsible for your pain are held accountable. Working on a “no win, no fee” basis and with 96% of our cases resolved out of court, we make your claim as simple and stress-free as possible.
What does our breast surgery claims process look like?
A free initial consultation
Call us, request a callback or complete our online form and we’ll assess if you have a valid medical negligence claim.
Funding your claim
Discover the ways we can fund your claim without you paying a penny at any stage of the process.
Investigating evidence
We gather medical records, witness statements and more to learn what happened to you and prove your claim.
Instructing independent medical experts
We work with impartial, experienced medical experts to establish whether your injuries were due to substandard medical care.
Valuing your claim
We assess your health and financial losses to accurately estimate how much compensation your claim is worth.
Presenting your case
We contact the Defendants and the Courts on your behalf to set out your allegations and receive a response.
Negotiating a settlement
We work to achieve a fair settlement for you outside the courtroom – this is how 96% of our cases end.
Preparing for Trial
If we must proceed to Trial, we fully prepare you for what to expect so you receive the right result in court.
What you need to know about breast surgery claims
What is breast surgery negligence?
Many different factors can lead to breast surgery not going as expected or promised. The aesthetic may not be quite right, such as the breasts not matching or being asymmetrical. The patient may contract an infection during or post-surgery. Complications such as necrosis of the nipples and prominent scarring can cause pain and embarrassment.
When these and other issues are caused directly by surgical errors, this is considered breast surgery negligence.
What are the main causes of breast surgery complications?
All surgeries, whether for medical or cosmetic reasons, carry a degree of risk. A successful outcome cannot be guaranteed, despite the best efforts of the surgeons and other healthcare professionals involved.
However, sometimes complications before, during and following surgery are caused by a healthcare professional’s negligence. If any of the below situations happen to you, you may have grounds for a breast surgery claim.
Poor consent: If a surgeon does not offer a realistic view of what a procedure can and cannot achieve, or does not make you fully aware of the risks associated, this could be viewed as a negligent act.
Unsatisfactory results: Poor surgical technique can lead to an outcome that you did not want or expect, such as undersized or oversized breasts, lopsided breasts or excessive scarring.
Damage to nerves or blood vessels: Accidentally cutting or overstretching a nerve or blood vessel may have unwanted consequences, from losing sensitivity in the nipples to necrosis.
Infection post-surgery: Open surgical wounds and cuts can provide entry points for bacteria and viruses, making infection a potential risk following breast surgery.
Damage to equipment: Any damage caused to breast implants during surgery could cause them to rupture post-surgery. Particularly with silicone implants, this can pose a risk to your long-term health.
Mismanaged anaesthetic: An anaesthetist may use too much anaesthetic during surgery, placing your health in jeopardy, or too little, which could result in anaesthesia awareness.
Substandard aftercare: An unreasonable standard of aftercare following breast surgery, such as not massaging scar tissue, can cause unwanted outcomes and discomfort.
How do I prove breast surgery errors were negligent?
During any surgical complication claim, we work to establish three key elements:
- A healthcare professional breached their duty of care towards you
- You suffered pain, injury, loss or damage during your treatment
- The harm you endured was directly related to the breach of duty
As part of our investigations into your claim, we engage with independent, impartial cosmetic surgeons and/or plastic surgeons. Their insight helps us to establish whether the care you received was negligent, and if you had been given realistic expectations.
We will also speak to relevant experts on how much your circumstances changed compared to if your surgery had gone as expected. This is crucial in quantifying a fitting settlement.
In addition, we thoroughly investigate all available evidence to support your claim, including:
- Medical records
- Claimant statements
- Witness statements
- Complaint correspondence
- Photographs
What compensation can I expect for a breast surgery claim?
There is no average settlement amount for a breast surgery claim, due to the breadth of outcomes that can occur and how this impacts someone’s life now and in future.
An example of the compensation that can be achieved from a breast surgery claim can be seen in our case study on Miss H. Her surgeon had not reduced her breasts to the extent agreed, and her nipples were positioned too high, meaning she needed to undergo corrective surgery to reconstruct both breasts.
We won £30,000 in damages for Miss H. Had she suffered a more permanent injury such as nerve damage leading to partial paralysis, it is likely her settlement would have been larger.
The compensation awarded following a successful breast surgery claim can help towards numerous costs, including:
- Paying for another private surgeon to correct the problem caused
- Damages for any pain and suffering caused to the claimant
- Financial losses incurred due to the fallout of the surgery, such as loss of earnings for additional time off work
- Any aids and equipment the claimant requires due to their injuries
- Any adaptations to the claimant’s home or vehicle
- Travel expenses
- Any therapies or psychological treatments the claimant requires as a result of their trauma
How long do breast surgery claims take to settle?
We would typically expect a breast surgery negligence claim to take between two and five years to reach a final settlement. However, every case is unique, and the duration will largely depend on the stance taken by the Defendants and how long it takes to gather evidence from impartial medical experts.
As specialist cosmetic surgery claims solicitors, we have the experience, connections and medical understanding to ensure your claim is conducted as efficiently as possible. We feel passionately about pursuing a claim as quickly as possible to ensure you achieve the right outcome.
How long do I have to make a breast surgery claim?
Like other medical negligence claims, a breast surgery claim will typically need to be made within three years of the injury being realised. However, there are exceptions:
- Claimants under the age of 18 have until their 21st birthday to make a claim
- There is no time limit for a claimant who is mentally incapacitated
If your injury did occur over three years ago, we still encourage you to contact us. It is at the court’s discretion whether claims are allowed to proceed regardless of time limitations, and we can advise you on whether your claim is likely to be accepted.
Contact our expert breast surgery claims solicitors
If you or a loved one experienced breast surgery negligence and would like to speak to someone about your options, our team is here to listen and advise you on your next steps.
Lexcel accredited medical negligence claims solicitors
We are proud to be a Lexcel-accredited practice. The accreditation is a mark of quality and comes directly from the Law Society.
A recent assessment described us as a “Centre of Excellence” and we continue to operate to the highest standards across all main areas of our field. These include client care, case management, financial management, structure and strategy, people management, risk management, information management and file management.
Industry Recognised