INJURY TYPES

Breast Augmentation

According to the most recent audit released by The British Association of Aesthetic Plastic Surgeons (BAAPS), which is described as “the only organisation solely dedicated to advancing safety, innovation and excellence in cosmetic surgery”, the most common form of cosmetic surgery procedure amongst women in 2018, was breast augmentation, with 7,727 such operations having taken place in the year.

breast augmentation claims

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Breast Augmentation Surgery Compensation Claims

The demand for cosmetic surgery shows no sign of abating. However, the cosmetic surgery industry suffers from lax regulation. Whilst most breast augmentation procedures are nevertheless carried out successfully, some do go wrong. When they do so because of the negligence of the cosmetic surgeon who carried out the procedure, it may be possible to make a medical negligence claim.

What is breast augmentation?

Breast augmentation procedures are also often referred to as ‘breast enlargement’ and ‘breast implant’ surgery. The procedure involves implants being inserted, underneath the breast tissue to enhance the size or to change the appearance of the breasts. The inserts are made from either silicone or saline.

It is not usually possible to get breast augmentation surgery done on the NHS, save in some very limited circumstances. Therefore, the treatment invariably has to be undertaken privately.

In what ways does breast augmentation surgery sometimes go wrong?

There are a number of ways that problems with breast enlargement can go wrong, including the following:

  • Hematoma – post-operative bleeding
  • Capsular contracture –scar tissue shrinks, squeezing the implant, making the breast tissue feel hard and causing pain.
  • Ruptured or leafing implants
  • Seroma – a build-up of fluid around the implant
  • Ptosis – sagging breasts
  • Wrinkles and creasing of the implant which is visible through the skin
  • Unsymmetrical breasts
  • Thick and obvious scarring
  • Nerve problems in the nipples
  • Infection
  • Painfully sensitive nipples

The duty of care for cosmetic surgery clinics and surgeons

  1. When you undergo breast augmentation surgery, the clinic and the surgeon owe you a duty of care.
  2. The surgeon who carries out the breast enlargement procedure owes you a duty to provide care that conforms to the standard reasonably expected of a competent surgeon.
  3. The surgeon and the clinic should have protocols in place to ensure that before you proceed to have breast augmentation surgery, you have been made aware of what will be involved both before, during and after surgery.
  4. The surgeon should fully explain all the possible risks that undergoing this type of surgery, might involve.
  5. The clinic should have psychological aftercare support from qualified professionals in place and details of what this consists of should be fully outlined to you prior to you agreeing to undergo the cosmetic surgery procedure.

If the surgeon and clinic fall down in their duty of care to you by failing to advise you of all the risks and possible complications involved and an error is made during the course of surgery causing injury to you, then you may have grounds for making a claim for breast augmentation surgery compensation.

What types of compensation can I claim for in a breast augmentation claim?

You will be able to claim for both general damages (compensation) and special damages. General damages are the compensation you will receive for pain, suffering and loss of amenity. This may include:

  • Compensation for the pain and suffering the injury itself causes and
  • Damages for having to undergo the trauma of further corrective surgery
  • Compensation for the psychological effects that the botched surgery has had on you
  • If the negligent surgery has caused long term or permanent problems, damages to compensate you accordingly

Special Damages are compensation for any financial loss that you have suffered, such as:

  • Loss of earnings
  • Medical expenses
  • Travel costs
  • Cost of any corrective surgery required

How long do I have to make a breast implant claim?

You have three years from the date of the negligent surgery within which to make a claim.

Alternatively, in a medical negligence claim such as a breast implant claim, sometimes the problems caused by the botched surgery are not immediately apparent until some time after the procedure was undertaken. Therefore you would have 3 years from the date that you knew or ought reasonably to have known, that the problems that you have started to experience at this later stage refer back to the negligent surgery that you had.

No Win No Fee Breast Enlargement Claims

In most cases, we will be able to fund your claim with a No Win No Fee agreement (Otherwise known as a Conditional Fee Agreement). This means that if you lose your claim it won’t cost you anything so that there is no financial risk to you.

Making a Breast Augmentation claim

If you’ve suffered an injury because things went wrong during your breast enlargement surgery, then contact Mooneerams and speak to one of our solicitors in complete confidence.

Mooneerams work in conjunction with some of the best medical negligence solicitors in the country. They will be able to talk you through the options that you have and the claims process that will be involved. If you feel comfortable after speaking to them, then they’ll be happy to help you to pursue a compensation claim.

Call us now on 029 2048 3615 for a free, no-obligation chat. Alternatively, please leave your details in the box provided on this page and we’ll get back to you. If you prefer to email us first, you can do so using our email address enquiries@mooneerams.com.

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