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Breast Augmentation Surgery Claims

Breast enlargement or reduction surgery can sometimes go wrong leading to serious health complications.

A photo of Mrs Swaffield

I am very happy and satisfied with the settlement you achieved for me and the service was excellent and thank you very much

Mrs E.Swaffield
Loughborough

Breast augmentation compensation

Medical negligence whilst uncommon can have a big impact on your life and wellbeing.

We all want to look our very best, so it’s not surprising that more and more people are opting for cosmetic surgery. Unfortunately, as the number of individuals who choose this specialist surgery rises, so does the number of negligence cases. The cosmetic surgery sector is not regulated as strictly as the medical industry as a whole, meaning the standards we have every right to expect are not always upheld. Surgeons who lack the necessary skill and experience may carry out poor cosmetic procedures, or inadequate aftercare may lead to complications following the surgery. In situations like these, the consequences can often have a hugely negative impact on the patient’s self-esteem and quality of life.

If you feel that you have been a victim of negligence during or following a cosmetic procedure, call Your legal Friend. We have years of experience working on medical negligence cases, many of which have involved cosmetic surgery claims. We have previously been successful working on claims for facelifts, liposuction and breast augmentations/reduction procedures, as well as several other forms of cosmetic surgery.

 

From a legal point of view, we know how complicated these cases can be. More importantly, we understand that they can leave the victim feeling incredibly vulnerable, even embarrassed. The psychological and emotional effects of medical negligence are often just as damaging as the physical impact. That’s why we are committed to guiding you through every step of the process. We will ensure that your claim is handled carefully and professionally by specialist solicitors, while working alongside medical experts in the cosmetic surgery field, to guarantee the best results for you.

The time limit for making a breast surgery claim

Breast surgery compensation claims are subject to the same time limit as all medical claims. You have three years to hold those responsible to account if you’ve experienced a form of medical negligence.

The ‘date of knowledge’, referring to the point when you first realised that mistakes had been made with your care, is the starting point for the time limit. If you’re unsure exactly how long you have to take your claim forward, we’re on hand to help. We’ll use our experience of representing those making medical claims to pinpoint your ‘date of knowledge’.

Despite having a maximum limit of three years, we recommend that our clients start the compensation process as soon as possible. We’ll use your witness statement, along with other documentation, to support your case. It’s often easier to recall details of your experience the sooner you write them down, providing a stronger foundation to build your case on.

If you do not claim within the set time period, your claim will be considered ‘statute barred’ or ‘out of time’ and will unfortunately not be taken further. There are two exceptions to this rule, in the case of children and if the negligence directly led to a fatality. In these cases suing the NHS for negligence is still possible as the date on which time begins to run is the date of the child’s 18th birthday, and in the case of fatalities, from the date of death.

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Our medical negligence team has years of experience working on a wide variety of cosmetic surgery cases so we understand just how difficult a decision it can be to bring a breast augmentation case.

Breast augmentation claims team.jpg

That’s why we are committed to guiding you through every step of the process. We ensure that your claim is handled carefully and professionally by our specialist solicitors, while working alongside medical experts, to guarantee the best results for you.

Our cosmetic surgery team is headed by Laura Morgan who has a wealth of experience in leading complicated, high value breast augmentation cases.

Laura is recognised within the legal profession as a leader in the field of medical negligence and serious injury compensation. Laura has acted in a wide range of cases over her 17 years of practice and has particular expertise in acting for children who have suffered brain injury due to mismanaged birth or surgical errors, and in managing claims that have resulted in the death of a loved one. Laura has achieved a number of large settlements including £5.4 million for a 7 year old and £4 million for an 11 year old child.

Laura’s expertise and dedication to her clients is recognised in the Chambers guide to the Legal Profession in which she was praised for the efficiency of her approach to case handling and described as “tenacious and detail-oriented”.

Laura has been a member of the Law Society Clinical Negligence Panel since 2005 and accredited as a Senior Litigator in the Association of Personal Injury Lawyers (APIL) since 2006. Laura is also a member of the specialist lawyers panel for Action against Medical Accidents (AvMA), the UK’s leading charity committed to patient safety and justice.

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The effects of medical negligence can be devastating for the individual and their families, so securing appropriate compensation for them as quickly as possible is our top priority.

Laura Morgan

Director of Medical Negligence

What our customers say

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“I found the staff to be friendly, helpful, courteous and they kept me well informed on a regular basis”

Mrs. Vora,
Loughborough

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“They acted in a sympathetic and professional manner and resolved my case very efficiently”

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Leeds

  For a confidential chat, call one of our experts today 0151 550 5228

10 simple steps to claim

Step
1
Obtaining your medical records
Step
2
Providing your statement of what happened
Step
3
Minimising your loss
Step
4
Establishing that a breach of duty occurred
Step
5
Estabilishing the effect of the breach of duty
Step
86
Preparing your case for CourtCalculating the value of your claim
Step
7
Proving your loss
Step
68
Calculating the value of your claimPreparing your case for Court
Step
9
Attending the trial in Court
Step
10
Awarding your compensation claim

Your questions... answered

What can go wrong with breast surgery?

Failed breast enlargement or reduction procedures can leave permanent psychological as well as physical scars. As many as one in three of all breast enlargement procedures will require further surgery within ten years of the first operation to put right complications, such as:

• Scar tissue
• Sagging implant or
• Ruptured implant

Seeking an explanation and redress for the suffering and harm caused by a failed or sub-standard procedure may not always be straightforward. Specialist legal knowledge and experience of the issues involved in a particular case are required to bring to account those responsible for this failure.

Breast enlargement surgery – what exactly happens?

Breast augmentation or enlargement surgery, which is carried out under a local anaesthetic, involves inserting an implant immediately behind the breast tissue or muscle via a small incision hidden in the natural fold under the breast.

The implant pushes and projects the natural breast tissue forward to give a fuller and larger appearance.

What can be the complications of breast enlargement?

As with any type of surgery, a breast enlargement procedure can result in a number of complications, which may relate to the operation itself or occur later because of a problem with the implants. In many cases, further surgery may be needed to treat problems that have developed.

Breast implant failure or rupture – a split caused by:

- outer shell weakening over time
- damage during the operation
- flaw in the implant
- injury to the breast

It is not always possible to tell if a breast implant has ruptured. Signs can include:

- lumpiness
- swelling
- redness
- tenderness in the breast.

Saline (salt water) implant - any leakage should not cause problems as saline is a sterile, salt-water solution which the body is able to safely absorb.

Silicone implants - a silicone leakage may cause problems, such as siliconomas or a gel bleed

Siliconomas: silicone may spread outside of the scar capsule and into the breast, leading to the development of small, tender lumps known as siliconomas, which may need to be removed if they cause significant pain. In rare cases, the silicone can spread to the muscles under the breast, lymph nodes (glands) under the armpit or around the nerves of the arm.

Gel bleed: occurs to some degree in all breast implants when small molecules of silicone separate from the surface of the implant and are taken up into the surrounding tissues or lymph nodes.

What are PIP implants?

PIP implants, which were made in France, were banned in the UK in 2010 after it was revealed they not only contained industrial silicone rather than medical-grade fillers but also had a rupture rate of more than 25% – higher than other types of implants.

Around 47,000 women in the UK are believed to have received the implants, of which 95% were fitted in private clinics, while the remaining 5% were used by the NHS, mostly for breast reconstruction following cancer.

Despite widespread reports of a possible link with a rare type of cancer, worldwide research has so far found no substances in PIP implants that cause cancer.

Official UK government advice is that there is no need to have the implants removed unless they have ruptured, or you feel any anxiety about leaving them in place.

Are there any other risks of breast enlargement?

• Infections / bleeding - relatively rare after breast implant surgery but a greater risk is possible in breast reconstruction following a mastectomy (breast removal). A severe infection may mean the implant has to be removed to prevent further complications developing and waiting a few months before reinserting it.

• Loss of sensation in the nipple or surrounding tissue - around one in seven women find their nipples are less sensitive or have no sensation at all. Sometimes there is increased and painful sensitivity, which can last between 3 – 6 months.

• Breast feeding – a baby will not experience any side effects because of breast implants and breastfeeding should continue normally although slightly less breast milk may be produced.

• Seroma – following surgery, it is common for fluid or blood to build up around an implant, which may need to be drained.

• Capsular contracture - fibrous scar tissue forms around the implant, which is a natural part of the healing process. Over time, the scar tissue will begin to shrink, which can tighten and squeeze the implant, making the breast feel hard accompanied by discomfort or pain.

• Scarring - some degree of scarring will show but is relatively mild in most cases. More severe scarring may be red, lumpy, thick and painful but will improve gradually as the scarring begins to fade. In some instances, it can take several years before there is a noticeable improvement.

• Creasing and folds - creases, kinks, folds or ripples may be evident on the skin of the breast. Thistends to be more common in women with very small breasts.

 

What are the complications of breast reduction?

All forms of surgery involve some degree of risk including:

• Adverse reaction to the anaesthetic
• Excessive bleeding
• Blood clotting
• Infection

Complications specific to breast reduction surgery can include:

Permanent scarring – caused by the commonly used ‘anchor’ technique, which leaves three separate scars:

1 Around the nipple
2 From the nipple to the crease below the breast (most significant scar)
3 From the breast bone to the armpit along the crease below the breast

Uneven shape - breasts will change shape after reduction surgery, sometimes leading to looking slightly lopsided or lumpy with uneven nipples.

Wound healing problems – are commonafter breast reduction surgery, particularly after use of the anchor procedure where the vertical and horizontal scars meet.Most problems are minor and can be simply managed and treated. More severe wound complications, such as infection, skin loss and wound separation, may take longer to heal.Some excess skin left around the scars may need to be surgically removed after a few months.

Loss of nipple sensation – can occur and the nipples may also lose their ability to become erect because the nerve supply to the nipple was damaged during surgery.

A disrupted blood supply very rarely causes a nipple to die and detach but is more likely to occur in heavy smokers or those who suffer from poor circulation.

Inability to breastfeed – may be the result of an operation involving the separation of the nipples from the milk ducts.

Haematoma – generally occurs within the first 24 hours after the operation when there is bleeding inside the breast tissue, which becomes swollen and painful. Another operation may be needed to drain the blood and stop the bleeding.

Breast enlargement or reduction – do I have a claim for negligence?

Long term injury or permanent damage caused by complications involved in a botched or failed procedure may be grounds for a clinical negligence claim, especially, if the injury arose as a result of an unacceptable standard of surgery or poor after-care. We will also consider whether you were given the opportunity to properly consent to the surgery that you underwent.

The most common types of negligence claim involve:

• Rupture or leak in defective breast implants - suffering from the physical harm or the anxiety and stress caused

• Excessive or avoidable scarring – harm, injury or suffering from a breast enlargement or reduction procedure.

Other claims may involve:

• Nerve damage
• Infections
• Anaesthetic complications
• Poor cosmetic effect
• Post-surgical infection arising from poor after-care

 

How can Your Legal Friend help you?

As experienced clinical negligence specialists, we are determined to help you find out why your breast enlargement or reduction procedure has gone wrong and why the surgical team failed to provide you with the expected standard of care.

We ensure your case is properly investigated and your voice heard in order to bring the hospital, health trust or medical practitioner to account for the harm and suffering they have caused, and to prevent others from suffering in a similar way.

Your Legal Friend is committed to ensuring victims of clinical negligence obtain answers and receive appropriate compensation so that their future medical treatment and care needs are properly met.

Failed breast enlargement or reduction procedures can leave permanent psychological as well as physical scars. As many as one in three of all breast enlargement procedures will require further surgery within ten years of the first operation to put right complications, such as:

• Scar tissue
• Sagging implant or
• Ruptured implant

Seeking an explanation and redress for the suffering and harm caused by a failed or sub-standard procedure may not always be straightforward. Specialist legal knowledge and experience of the issues involved in a particular case are required to bring to account those responsible for this failure.

Breast augmentation or enlargement surgery, which is carried out under a local anaesthetic, involves inserting an implant immediately behind the breast tissue or muscle via a small incision hidden in the natural fold under the breast.

The implant pushes and projects the natural breast tissue forward to give a fuller and larger appearance.

As with any type of surgery, a breast enlargement procedure can result in a number of complications, which may relate to the operation itself or occur later because of a problem with the implants. In many cases, further surgery may be needed to treat problems that have developed.

Breast implant failure or rupture – a split caused by:

- outer shell weakening over time
- damage during the operation
- flaw in the implant
- injury to the breast

It is not always possible to tell if a breast implant has ruptured. Signs can include:

- lumpiness
- swelling
- redness
- tenderness in the breast.

Saline (salt water) implant - any leakage should not cause problems as saline is a sterile, salt-water solution which the body is able to safely absorb.

Silicone implants - a silicone leakage may cause problems, such as siliconomas or a gel bleed

Siliconomas: silicone may spread outside of the scar capsule and into the breast, leading to the development of small, tender lumps known as siliconomas, which may need to be removed if they cause significant pain. In rare cases, the silicone can spread to the muscles under the breast, lymph nodes (glands) under the armpit or around the nerves of the arm.

Gel bleed: occurs to some degree in all breast implants when small molecules of silicone separate from the surface of the implant and are taken up into the surrounding tissues or lymph nodes.

PIP implants, which were made in France, were banned in the UK in 2010 after it was revealed they not only contained industrial silicone rather than medical-grade fillers but also had a rupture rate of more than 25% – higher than other types of implants.

Around 47,000 women in the UK are believed to have received the implants, of which 95% were fitted in private clinics, while the remaining 5% were used by the NHS, mostly for breast reconstruction following cancer.

Despite widespread reports of a possible link with a rare type of cancer, worldwide research has so far found no substances in PIP implants that cause cancer.

Official UK government advice is that there is no need to have the implants removed unless they have ruptured, or you feel any anxiety about leaving them in place.

• Infections / bleeding - relatively rare after breast implant surgery but a greater risk is possible in breast reconstruction following a mastectomy (breast removal). A severe infection may mean the implant has to be removed to prevent further complications developing and waiting a few months before reinserting it.

• Loss of sensation in the nipple or surrounding tissue - around one in seven women find their nipples are less sensitive or have no sensation at all. Sometimes there is increased and painful sensitivity, which can last between 3 – 6 months.

• Breast feeding – a baby will not experience any side effects because of breast implants and breastfeeding should continue normally although slightly less breast milk may be produced.

• Seroma – following surgery, it is common for fluid or blood to build up around an implant, which may need to be drained.

• Capsular contracture - fibrous scar tissue forms around the implant, which is a natural part of the healing process. Over time, the scar tissue will begin to shrink, which can tighten and squeeze the implant, making the breast feel hard accompanied by discomfort or pain.

• Scarring - some degree of scarring will show but is relatively mild in most cases. More severe scarring may be red, lumpy, thick and painful but will improve gradually as the scarring begins to fade. In some instances, it can take several years before there is a noticeable improvement.

• Creasing and folds - creases, kinks, folds or ripples may be evident on the skin of the breast. Thistends to be more common in women with very small breasts.

 

All forms of surgery involve some degree of risk including:

• Adverse reaction to the anaesthetic
• Excessive bleeding
• Blood clotting
• Infection

Complications specific to breast reduction surgery can include:

Permanent scarring – caused by the commonly used ‘anchor’ technique, which leaves three separate scars:

1 Around the nipple
2 From the nipple to the crease below the breast (most significant scar)
3 From the breast bone to the armpit along the crease below the breast

Uneven shape - breasts will change shape after reduction surgery, sometimes leading to looking slightly lopsided or lumpy with uneven nipples.

Wound healing problems – are commonafter breast reduction surgery, particularly after use of the anchor procedure where the vertical and horizontal scars meet.Most problems are minor and can be simply managed and treated. More severe wound complications, such as infection, skin loss and wound separation, may take longer to heal.Some excess skin left around the scars may need to be surgically removed after a few months.

Loss of nipple sensation – can occur and the nipples may also lose their ability to become erect because the nerve supply to the nipple was damaged during surgery.

A disrupted blood supply very rarely causes a nipple to die and detach but is more likely to occur in heavy smokers or those who suffer from poor circulation.

Inability to breastfeed – may be the result of an operation involving the separation of the nipples from the milk ducts.

Haematoma – generally occurs within the first 24 hours after the operation when there is bleeding inside the breast tissue, which becomes swollen and painful. Another operation may be needed to drain the blood and stop the bleeding.

Long term injury or permanent damage caused by complications involved in a botched or failed procedure may be grounds for a clinical negligence claim, especially, if the injury arose as a result of an unacceptable standard of surgery or poor after-care. We will also consider whether you were given the opportunity to properly consent to the surgery that you underwent.

The most common types of negligence claim involve:

• Rupture or leak in defective breast implants - suffering from the physical harm or the anxiety and stress caused

• Excessive or avoidable scarring – harm, injury or suffering from a breast enlargement or reduction procedure.

Other claims may involve:

• Nerve damage
• Infections
• Anaesthetic complications
• Poor cosmetic effect
• Post-surgical infection arising from poor after-care

 

As experienced clinical negligence specialists, we are determined to help you find out why your breast enlargement or reduction procedure has gone wrong and why the surgical team failed to provide you with the expected standard of care.

We ensure your case is properly investigated and your voice heard in order to bring the hospital, health trust or medical practitioner to account for the harm and suffering they have caused, and to prevent others from suffering in a similar way.

Your Legal Friend is committed to ensuring victims of clinical negligence obtain answers and receive appropriate compensation so that their future medical treatment and care needs are properly met.

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