Breast Surgery Negligence Claims

If breast surgery goes wrong, the results can be significant, with pain, discomfort and psychological damage being just a few of the impacts suffered by victims of medical error. The vast majority of breast surgeries are completed without complications and in full accordance with health and safety practices, but when errors are made, or medical staff are negligent, victims legally are entitled to claim compensation.

If you have suffered from medical negligence whilst having breast surgery or during your aftercare, an experienced solicitor would be pleased to support you in achieving the compensation that is rightfully owed to you. Solicitors have managed many breast surgery negligence claims and are committed to securing the highest awards possible on your behalf.

Types of Breast Surgery

There are a number of breast surgery options that are available, some are needed for medical purposes, whereas others are chosen for aesthetic reasons. No matter whether you have elected for 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 Enlargement – often referred to as breast augmentation, surgery to enlarge the size of breasts is available through the insertion of various types of implant. Patients are able to liaise with surgeons to determine their preferred size and shape, and the surgeon will discuss implant types to highlight the differences in enlargement options available.
• Breast Reduction – Some people suffer from health complications related to having larger breasts and so opt for surgery to reduce the size. This can help ease back pain, posture complaints, fitness difficulties and strain on the shoulders and neck. Others opt for this surgery because they feel that their breasts are not proportionate to their body size and so opt to decrease them for aesthetical reasons.

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 breast at once. Augmentation is by far the most common form of breast surgery and is usually completed without any problems or dissatisfaction.

Common Breast Surgery Complications

All operations come with the potential for risk of complications, but by following the stringent health and safety obligations, medical staff are able to minimise the threat and counteract vulnerabilities. However, if the duty of care from the medical professional to the patient is not fully met, the risk of complications increases.

Some of the most common breast surgery complications include:

• Infection which can lead to pain, inflammation, damaged tissue and scarring.
• Excessive bruising
• Bleeding from wounds
• Blood or fluid pockets developing in the area of a breast implant
• Tension, pain and stiffness in the shoulders
• Ruptured or deflated breast implants
• Poorly repositioned nipples
• Loss of sensation or feeling in the breast and surrounding tissue
• Capsular contradiction – a complaint which results in the breast feeling hard and painful, usually caused by an inappropriate implant being inserted.
• Excessive and avoidable scarring
• Bleeding into the breast tissue which leads to swollen and painful breasts
• Haematoma
• Nipple pain or desensitisation
• Breast implants which are visible and cause uneven and rippled skin tone
• Breast implants or reductions leading to lopsided breasts or breasts of different sizes
• The wrong size implants being inserted

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 great and can inhibit a victim’s ability to perform daily tasks, work, drive, interact with children whilst also having a significant detrimental impact on confidence in future medical procedures and self-esteem.

If you have suffered from any complications in breast surgery and it can be proven that someone else was to blame, you may be eligible to make a claim for clinical negligence compensation.

Can I still claim if I chose to have breast surgery?

You are protected by the law irrespective of whether you chose to have cosmetic surgery, or your breast surgery was for a medical requirement. Both private and NHS patients are entitled to pursue a claim for compensation. The General Medical Council serves to set out the regulations that all medical practitioners must adhere to in order to practice medicine and surgery legally and safely.

All medical practitioners, whether private or NHS, are required to adhere to the law, and this means observing their duty of care to you. If errors are made, or you feel that the results of your surgery are not as were expected, you may be entitled to make a claim. Your solicitor would be pleased to discuss your case at a free initial consultation to determine your eligibility.

Why Use a Solicitor

Clinical negligence solicitors have vast experience in managing breast surgery negligence claims, and as such, are ideally placed to process your case and secure the highest award possible on your behalf. They have expert knowledge and maintain a thorough understanding of current legislation to ensure they recognise areas of fault and can offer expert legal advice to their clients.

Some of the additional benefits include:

• A free initial consultation where they will answer any questions and provide an experienced estimate on the outcome of your case
• A no win, no fee service
• Friendly and knowledgeable staff
• A commitment to securing the highest compensation awards available
• Professional, empathetic and regulated service

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 678 1410. Alternatively, enter your details into the contact form below to receive a call back from a friendly legal adviser.