Breast Implant Claims

If you have experienced a problem following your breast augmentation surgery (also known as breast enlargement or breast implant surgery) and you believe this was due to the negligence of a surgeon or clinic, you may be entitled to make a claim for compensation.

The compensation you receive from a successful claim could help you pay for expensive health care restorative surgery and offer you peace of mind following a distressing experience.

At Cosmetic Surgery Solicitors, we are specialists in the field of breast augmentation claims. We were the first legal practice established in England and Wales dedicated to guiding victims of negligent cosmetic surgery through the complicated claims process, and have years of successes to draw from when approaching new cases.

To speak to our expert solicitors about whether you can make a claim for breast implant compensation, get in touch with us today. Call 0808 189 7723 or fill in the quick contact form on this page to request a call back.

TTHE CLAIMS PROCESS EXPLAINED

Why choose Cosmetic Surgery Solicitors?

Cosmetic Surgery Solicitors has claimed over £10 million in compensation for our clients - a figure that our breast surgery claims experts have contributed to significantly.

We believe that surgeons who treat their patients negligently and cause them harm should be held accountable, and we strive to help those who require legal consultation to get the support they require.

Find examples of how we have helped clients to secure breast surgery compensation on our case studies page.

Suffering harm from negligent treatment can be highly stressful and leave you feeling lost. Our breast implant claims experts understand this through our experience in working with many clients who have unfortunately been through negligent treatment. We will help you to get back on track and secure any further surgery, therapy or funds that you have lost as a result of your negligent cosmetic breast surgery.

How can we help?

When a surgeon or clinic is responsible for breast augmentation going wrong, a claim can be made. Compensation could include damages for physical and psychological injury as well as restorative surgery.

The cosmetic surgery industry is inadequately and inconsistently regulated, which can make it hard to understand your legal position or know where to turn - but that’s where Cosmetic Surgery Solicitors can help you.

Our expert team has an impressive win rate of 95% in all cases pursued after obtaining medical evidence and, to date, we have successfully recovered more than £10 million for our clients. We will take the time to fully understand the impact caused by the negligence you may have experienced and guide you through the complicated process of claiming the breast implant compensation you deserve.
 

How can breast enlargement go wrong?

Most breast augmentation surgeries are carried out successfully and the patient is happy with their results, but inevitably there are times when procedures go wrong.

There is a wide range of physical issues that negligence can cause. We have successfully helped patients claim compensation for the below issues following breast enlargement surgery:

• Sagging breasts (ptosis)
• Slippage or movement of the implants
• Lopsided or different sized breasts
• Uneven nipple positions
• Inappropriate scarring
• Breasts sitting too high, low, or wide
• Implants too close together (symmastia - commonly known as ‘uni-boob’)
• ‘Double bubble’ or ‘cottage loaf’ effect where breasts have a double mound
• ‘Bottoming out’ where implants fall to the bottom of the breasts
• Infection resulting in the implant having to be taken out for treatment
• Abnormal scarring (capsular contracture) forming around the implant
• Visible implants - seeing creasing or ripples from the implants through the breast skin
• Damaged breast tissue

Negligent breast implant surgery can also cause mental health issues, such as:

• Feeling disappointed that the surgery failed to achieve the effect the patient desired
• The breasts not looking the way the patient expected them to
• Depression as a result of unsuccessful surgery

Discover our visual guide to the most common signs that your breast surgery has gone wrong here.

Why is it important to make a breast implant compensation claim?

Making a breast implant compensation claim is important for several reasons:

Financial redress: successful claims provide financial compensation for the physical and psychological suffering experienced as a result of medical negligence. This could cover the cost of additional medical treatments, loss of earnings, or the cost of any necessary corrective surgery.

Accountability: compensation claims hold healthcare professionals accountable for their actions. This can result in improvements in surgical standards and ensure similar incidents do not occur in the future.

Awareness: such claims can raise awareness about the potential risks and complications associated with breast implant surgery. This can help future patients make more informed decisions about their healthcare.

Support: the process of making a compensation claim can provide emotional and psychological support for victims of medical negligence. It can help victims feel that their grievances have been recognised and addressed, providing closure and aiding the healing process.

For these reasons, it is crucial to seek expert legal advice if you believe you have been a victim of medical negligence in relation to a breast implant surgery.

How much compensation could I claim for breast implant negligence?

Due to the variety of factors that can be involved in breast augmentation surgery, it is impossible to provide an accurate estimate for how much compensation you could claim following a successful case. This amount will be affected by the severity of your injuries, how much money it has caused you to lose and the costs of any further support you require.

In one case, we were able to secure £15,000 for a client, while in another we secured £40,000.

We can say for sure that your compensation amount will be calculated to consider your needs, and we will do everything in our power to negotiate a fair settlement for you.

For a detailed answer to how much compensation you could be looking to claim, speak to our team today.

How do I make a breast implant compensation claim?

To make a compensation claim, simply call us today, and we will discuss your situation and explain how we can help you. Even if you are unsure of whether you are eligible to claim compensation, the best thing you can do is to call our team for a consultation. We have dealt with many different scenarios where clients have had a bad breast augmentation procedure, and we will use our experience to help you understand your options.

If you suspect you have been a victim of medical negligence following a breast implant surgery, it is important to follow a series of steps to file a breast implant compensation claim effectively.

1. Consult a healthcare professional: if you experience complications or suspect negligence following surgery, the first step is to consult a healthcare professional. They can diagnose and treat any physical issues, and their records can serve as important evidence later.
2. Document your experience: write down everything you remember about your surgical procedure and post-operative care, including dates, conversations, complications, and any responses or lack of responses from healthcare professionals. Keep a record of additional treatments and any changes to your health.
3. Gather evidence: collect any documents related to your surgery, including medical records, hospital or clinic correspondence, and receipts for any additional treatments or related expenses.
4. Consult a solicitor: seek advice from a solicitor specialising in clinical negligence, ideally with specific expertise in cosmetic surgery. They can guide you through the process, help gather evidence, and assess whether you have a viable claim.
5. File a claim: if your solicitor believes you have a case, they will help you file a claim against the negligent party. This often begins with a 'Letter of Claim' to the negligent party outlining your allegations and the damages you have suffered.
6. Negotiation and litigation: your solicitor will negotiate with the opposing party in an attempt to settle the claim. If a satisfactory settlement cannot be reached, your claim may proceed to court where a decision will be made.

Throughout the process, the breast surgery compensation claims experts at Cosmetic Surgery Solicitors will represent you, ensuring that your interests are protected and you achieve the best possible outcome.

Is there a time limit for making a medical negligence claim?

The time limit for making a medical negligence claim is typically three years from the date of the incident, or the date when the negligence was discovered or reasonably should have been discovered.

However, there can be exceptions to these general timeframes, especially in cases involving minors or individuals who could be deemed as lacking mental capacity. In these cases, the time limits may only start when the individual reaches the age of 18, or when they regain mental capacity. If they do not regain mental capacity, the time limit will not be enforced.

It is always best to speak to a solicitor as soon as possible to get your claim started. Leaving a claim later can make it more difficult to gather evidence such as witness statements, which are usually more reliable and impactful when taken closer to the time. However, your first priority should always be to secure your health. Once you have been seen by a medical professional, then consider making a medical negligence claim.

What is classed as medical negligence in breast implant surgery?

Medical negligence in breast implant surgery refers to instances where the healthcare professional involved in your procedure breaches their duty of care, leading to harm. This breach can take many forms and it is important to understand that not all complications or unsatisfactory results from a breast implant surgery would necessarily be considered medical negligence.

Specific instances of medical negligence can include:

• Inadequate consent: if a surgeon does not explain the potential risks and complications associated with the procedure, or fails to provide alternative options, it can be classed as medical negligence.
• Substandard surgical performance: if the surgeon's technical skills fall below the acceptable standard, leading to physical harm or complications, this could be regarded as medical negligence. This might include incorrect placement of the implant or causing unnecessary damage during surgery.
• Postoperative negligence: a lack of appropriate post-operative care, including the failure to recognise or treat complications such as infections or capsular contracture, can also be classed as medical negligence.
• Use of defective implants: if a surgeon uses implants that are known to be defective or dangerous, this would constitute medical negligence.
   

The duty of care for clinics and surgeons

Those who carry out cosmetic surgery procedures and beauty treatments have a duty of care to ensure your safety and wellbeing. Surgeons must be held accountable for this duty, as cosmetic surgery negligence can cause long-lasting physical and psychological damage.

The clinic/surgeon is not only responsible for preventing outcomes that can be reasonably considerede preventable, but also for telling you about the complications that cannot be prevented.
 

FAQs about breast implant claims

What is a breast augmentation compensation claim?

A breast augmentation claim is a legal process for individuals who have suffered as a result of clinical negligence during or following a breast augmentation surgery. This could arise from a variety of circumstances, such as a poorly performed procedure, inadequate post-surgery care, or insufficient advice on potential risks and complications.

Patients seeking to make such a claim must prove that the medical professional in question breached their duty of care, which directly resulted in harm. This harm could manifest in physical damage, psychological trauma, or financial loss due to additional medical expenses or time taken off work.

Breast augmentation compensation claims aim to provide financial redress for this harm. This may cover physical and emotional suffering, medical expenses, loss of earnings, and potentially the cost of corrective surgery.

It is essential to consult with experienced solicitors specialising in clinical negligence related to cosmetic surgery, such as Cosmetic Surgery Solicitors, to understand the intricacies of making a claim and to ensure the best possible outcome.

What is breast augmentation surgery?

Breast augmentation surgery, also known as a 'boob job', is a cosmetic procedure that involves the surgical insertion of breast implants or fat transfer to increase breast size. It can also be performed to restore breast volume lost after weight reduction or pregnancy, to achieve a more rounded breast shape, or to improve natural breast size asymmetry.

The procedure is usually performed under general anaesthesia and involves making an incision in a discreet location, often around the nipple, under the breast or in the armpit. A pocket is then created into which the implant is inserted, either between the breast tissue and chest muscle or behind the chest muscle.

Breast augmentation surgery carries inherent risks, as with any surgical procedure. These risks include: infection; changes in breast or nipple sensation; poor healing of incisions; haematoma; capsular contracture; implant leakage or rupture; and the possible need for additional surgery. It is the responsibility of the medical professional to discuss these risks with the patient prior to surgery.

Breast augmentation is a significant decision that should not be taken lightly. It is recommended that individuals considering this procedure fully understand the surgical process, the inherent risks, and the potential for needing to make a breast augmentation compensation claim in the event of clinical negligence.