Cosmetic Surgery Claims
Cosmetic surgery is a popular choice for individuals who want to enhance their appearance or recover from certain conditions or injuries. Considering the significant cost…
Read moreBreast surgery compensation claims
If you’ve had breast surgery that has gone wrong and caused you harm, contact us today to find out if you can make a breast surgery negligence claim.
We are a claims management company regulated by the Financial Conduct Authority.
Breast surgery may be performed as a medical necessity or for cosmetic reasons. In either case, the impact can be significant if the surgery goes wrong. Pain, discomfort and psychological damage are just a few of the impacts suffered by victims of medical errors.
The vast majority of breast surgeries are completed without complications and in full accordance with health and safety practices. However, when errors are made with breast surgery or medical staff are negligent, victims are legally entitled to claim compensation for their pain and suffering.
If you have suffered from medical negligence during breast surgery or during your aftercare, an experienced solicitor can help you achieve the compensation that is rightfully owed to you. The solicitors we work with have managed many breast surgery negligence claims and are committed to securing the highest awards possible on your behalf.
To start your claim or learn more about your legal rights, call 0800 470 0474 today or use our online claim form to request a call back. You will receive a free, no-obligation consultation with a trained legal adviser.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
As mentioned above, the best way to find out if you can make a breast surgery compensation claim is through a free consultation with a legal adviser. They will examine your case and consult with medico-legal experts to determine whether you received negligent treatment. They will take on your case and help you secure breast surgery compensation if they can prove the following:
After establishing liability, your solicitor will contact the other side and inform them of your allegations of negligence. If they admit being at fault for your injury, you can begin to negotiate your breast surgery compensation award. If they deny responsibility, your solicitor will help you gather all the evidence you need to issue court proceedings and be ready to argue your case before a judge. However, please keep in mind that this is an unlikely scenario, as more than 95% of all claims settle out of court.
There are several different breast surgery options available. Some are needed for medical purposes, whereas others are chosen for aesthetic reasons. Whether you have chosen surgery through preference or necessity, your doctors and medical staff are all legally required to adhere to legislation that protects you from risks and complications.
Some of the most common breast surgery types include:
Breast surgery may be carried out on one breast if the requirement is to make the size of the breasts even, or more commonly, both breasts at once. Augmentation is by far the most common form of breast surgery and is usually completed without any problems or dissatisfaction. However, if you have suffered as a result of breast surgery negligence, you may be able to make a compensation claim.
All operations have the potential for complications. Medical staff can minimise the threat and counteract vulnerabilities by following stringent health and safety obligations. However, if the medical professional’s duty of care to the patient is not fully met, the risk of complications increases.
Some of the most common breast surgery complications include:
An experienced and qualified surgeon will minimise, if not eliminate, the complications above through thorough planning and careful execution of the surgery in a hygienic setting. The implications of breast surgery negligence can be huge and can inhibit a victim’s ability to perform daily tasks, work, drive, and interact with their loved ones. It can also have a significant detrimental impact on self-esteem and trust in future medical procedures.
If you have suffered from any complications and it can be proven that someone else was to blame, you may be eligible to make a claim for breast surgery compensation.
Various kinds of medical negligence in breast surgery can lead to a compensation claim. This can involve a range of errors or omissions by medical staff, including:
These and other types of substandard care may result in injuries that can range from minor to severe. If you were the victim of negligent breast surgery, you may be entitled to compensation for your pain and suffering.
The General Medical Council sets out the regulations that all medical practitioners must follow to practice medicine and surgery both legally and safely. You are protected by the law irrespective of whether you chose to have cosmetic surgery or your breast surgery was part of your treatment. Both private and NHS patients may be entitled to pursue a medical negligence claim if things go wrong.
All medical practitioners, whether private or NHS, must adhere to the law, which means they must observe their duty of care to you. If you suffered avoidable harm or feel your surgery’s results are not as promised, you may be entitled to make a claim. You can discuss your case with an experienced legal adviser during a free telephone consultation to determine your eligibility to make a cosmetic surgery claim.
In the UK, signing a waiver or consent form does not prevent you from making a personal injury claim for negligence related to breast surgery. While these forms acknowledge that you understand the risks associated with the procedure, they do not absolve healthcare providers from liability if they breach their duty of care.
Whether you can pursue a claim will depend on various other factors. These include the circumstances surrounding the surgery, the nature of the negligence alleged, and the evidence you can produce.
If you believe that the care you received fell below the accepted standard, resulting in harm or injury, seeking advice from an experienced solicitor is crucial. They can review the details of your case, assess the strength of your claim, and advise you on the best course of action. Keep in mind that the presence of a consent form does not prohibit you from starting a breast surgery compensation claim.
Medical tourism is a growing industry, as many people are looking for cheaper options, especially when it comes to cosmetic surgery. However, this brings a series of potential risks and complications. First, the language barrier could make it difficult for you to communicate with the medical staff and give your informed consent for the procedure.
It may also be challenging to find enough information about the doctor or hospital treating you to ensure they keep a high standard of care. They may not offer follow-up care, and you may not be able to file a complaint if things go wrong. Nonetheless, if you do decide to undergo breast enlargement surgery abroad, you may still be entitled to claim compensation for any injury caused by negligence.
However, the process and eligibility criteria can vary depending on several factors. These include the country where the surgery took place, the circumstances of the negligence, and any applicable international laws or agreements. You should inquire beforehand if the surgeon or hospital treating you has insurance against personal injuries to patients.
Also, you should seek legal advice from a specialised solicitor as soon as possible. The time limit to claim compensation for an injury abroad may depend on the particular country and could be much shorter than if you had surgery in the UK. Your solicitor can help you understand your rights, assess the feasibility of a claim, and guide you through every step of the claims process.
In any breast surgery negligence claim, evidence is needed to prove negligence and how you suffered as a result. If you do not have strong proof, your claim is less likely to be successful. Your solicitor will, therefore, work hard to help you gather everything you need to get the compensation you deserve, which could include:
This evidence will help establish who was at fault for your injury and quantify the damages you suffered as a result. Substantial evidence will strengthen your claim and help you secure fair and just compensation for your losses. If the other side denies liability, it will help support your claim in court.
As a general rule, you have up to three years to start a personal injury claim following an accident. This time limit is set by the Limitation Act 1980, and claims made after the deadline are usually rejected. In exceptional cases, the court may extend the limitation date based on the reason and extent of the delay.
In case of negligent breast surgery, the three-year limitation period will begin on:
However, we advise it is best to speak to a solicitor as soon as possible. This way, all the information is fresh in your mind, and it is easier to get hold of evidence.
There are some exceptions to the standard three year rule that may be applicable to your case, such as:
Each case is unique, and the compensation you receive will depend on your specific circumstances. Your settlement will be based on two types of damages:
General damages are awarded for subjective losses that are difficult to quantify. This includes:
Special damages cover the financial losses and out-of-pocket expenses incurred as a direct result of the negligence. These may include:
The award for special damages will be based on supporting evidence, such as receipts and invoices. The compensation for general damages is based on historical cases and recommendations from the Judicial College. During a case assessment, your solicitor will be able to give you an informed estimate of your likely compensation award.
Medical negligence solicitors have vast experience in managing breast surgery claims. As such, they are in the best position to process your case and secure the highest compensation award possible on your behalf. They have specialist knowledge and maintain a thorough understanding of the legislation to ensure they recognise areas of fault and can offer expert legal advice to their clients.
Some of the additional benefits include:
If you have a valid claim for breast surgery negligence, your solicitor will take on your case on a no win on fee basis. This legal arrangement is also known as a conditional fee agreement (CFA) and means that:
The no win no fee agreement allows individuals who may not have the financial means to pay for legal representation upfront to pursue a compensation claim with the help of a solicitor. It ensures that the solicitor shares in the risk of the case and is motivated to achieve a positive outcome for the claimant.
As part of the no win no fee service, your solicitor will also take After the Event (ATE) insurance on your behalf. This type of legal expenses insurance provides coverage for the costs associated with pursuing a legal claim, such as:
ATE insurance provides financial protection and peace of mind for those who pursue a breast surgery negligence claim. You only pay the cost of the ATE premium if you win the case.
If you would like to find out if you have a valid claim and how much compensation you could be awarded for the breast surgery negligence that you have suffered, call free on 0800 470 0474. Alternatively, please enter your details into our contact form to receive a call back from a friendly legal adviser.