Breast surgery, whether for cosmetic enhancement, reconstruction, or medical reasons, should be performed with precision and care. While some complications are unavoidable, others may arise due to surgical errors, poor technique or a failure to provide adequate post-operative care. Recognising the difference between expected complications and negligence can help you to determine whether you have grounds for a breast surgery compensation claim.
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Signs that may indicate negligence
Not all surgical complications are due to malpractice, but certain outcomes may suggest errors during or after the procedure. Some of the most common indicators of negligence include:
- Unexplained asymmetry: while minor differences between breasts can occur naturally, significant asymmetry that was not part of the planned outcome may indicate an error in implant placement, incorrect tissue removal or poor surgical technique.
- Inappropriate scarring: some scarring is expected after surgery, but unusually placed scars may suggest poor surgical planning or improper wound closure techniques.
- Symmastia: one or both implants cross over the mid-line giving a single or double-mound appearance.
- Persistent droopiness: might suggest that the wrong type of surgery was performed
- Double-bubble or waterfall deformity could suggest errors during the planning or performance of surgery.
- Double-bubble: this is a deformity where an indentation becomes visible in the breast profile creating a bubble appearance. This could suggest negligence as a result of improper surgical technique.
- Areola stretching: this may suggest failure to consider or use a suitable round block suture.
When to seek medical advice
If you notice any of these complications, consulting a medical professional is the first step. An independent medical opinion can help determine whether the issue is within the normal range of post-surgical complications or the result of negligence. A specialist may also recommend corrective treatment if necessary, and their findings can support any potential legal action.
Collecting evidence
If you suspect negligence, keeping detailed records can help establish whether mistakes were made. Useful evidence may include:
- Medical records: notes from your surgeon, pre-operative assessments, and post-operative instructions can reveal whether proper protocols were followed.
- Photographs: clear images taken before and after surgery can highlight unexpected or concerning results.
- Correspondence with your surgeon or clinic: any emails or messages discussing your concerns may be useful, particularly if they contain reassurances about the outcome or responses to complications.
- Records of financial loss: if you have incurred additional costs due to corrective treatment, medication, or time off work, keeping a record of these expenses may strengthen your case.
Discussing concerns with your surgeon
Some clinics may acknowledge the issue and offer corrective surgery or other solutions. If the response is unsatisfactory or you believe negligence occurred, seeking legal advice may be necessary.
Seeking legal advice
If you believe negligence has played a role in your surgery outcome, a solicitor specialising in breast surgery compensation claims can assess your case and advise on the next steps. They may arrange for an independent medical assessment to provide expert evidence in support of your claim. Compensation may help cover the cost of corrective procedures, loss of earnings, and any psychological distress caused by the experience.
Understanding time limits for claims
Medical negligence claims in the UK must generally be made within three years from the date of the surgery or from when you first became aware of negligence. If the surgery took place before you turned 18, the three-year period begins on your 18th birthday. Failing to act within this time limit could mean losing the opportunity to claim compensation.
Taking the next steps
If you are experiencing complications that you believe may have resulted from negligence, seeking medical and legal advice can help clarify your options. A solicitor with experience in breast surgery compensation claims can assess whether you have a case and guide you through the process of securing compensation for corrective treatment, financial loss and emotional distress.