Breast surgery is a common procedure performed for cosmetic or reconstructive reasons. While many operations go as planned, some patients experience complications that may indicate medical negligence. If you believe your breast surgery has not been carried out to the expected standard of care, there are steps you can take to address the situation.
This guide outlines how to identify negligence, prioritize your health, gather evidence, and seek legal advice if you suspect negligence in your breast surgery.
Understanding negligence in breast surgery
Negligence in breast surgery occurs when a surgeon or medical team fails to provide care that meets professional standards, leading to avoidable harm. While some complications can arise despite a surgeon’s best efforts, negligence involves errors or omissions that could have been prevented.
Examples include:
- Inadequate pre-operative assessment: failing to check medical history or assess suitability for surgery.
- Lack of informed consent: not providing a full explanation of risks, benefits, and alternative options.
- Surgical mistakes: poor implant placement, incorrect incision techniques, or damaging surrounding tissue.
- Poor post-operative care: failing to monitor recovery or respond to complications.
- Failure to address complications: dismissing concerns, not providing corrective treatment,t or avoiding referrals.
Understanding whether your experience falls into these categories can help you decide on the next steps.
Recognizing signs of possible problems
Some discomfort, bruising, and swelling are expected after breast surgery, but certain signs may suggest a problem beyond normal recovery.
These include:
- Excessive or worsening pain: that does not improve with prescribed pain relief.
- Slow or poor wound healing: including wounds that reopen or leave unusual scarring.
- Changes in breast sensation: total loss of feeling or extreme sensitivity that persists.
- Asymmetry: if one breast appears noticeably different in size, shape, or position from the other.
- Implant complications: such as rupture, shifting, or rippling.
- Breathing difficulties or chest pain: which could indicate a more severe issue needing urgent attention.
If you notice any of these symptoms, it is important to speak to a medical professional for assessment.
Prioritising your health and seeking medical advice
If you suspect negligence, your first concern should be your well-being. Speak to a qualified medical professional as soon as possible to assess any complications and receive appropriate care.
Seeking medical attention promptly can help:
- Identify whether the issue is a normal part of healing or a sign of negligence.
- Provide documentation of your condition, which may be useful if you decide to make a claim.
- Reduce the risk of further harm by addressing problems early.
Gathering evidence to support your case
If you believe your surgeon has been negligent, gathering evidence can help strengthen your case. Keep a record of:
- Photographs: take clear images of any visible complications, such as scarring, swelling, or implant issues.
- Medical records: retain copies of consultation notes, consent forms, and discharge instructions.
- Communication records: save emails, messages, or letters from your surgeon or clinic.
- Timeline of events: document your surgery date, symptoms, and any attempts to seek medical help.
This information can help demonstrate how your surgery was handled and whether proper care was provided.
Consulting a cosmetic surgery negligence solicitor
If you believe you have experienced negligence, speaking to a solicitor who specializes in cosmetic surgery claims can help you understand your legal options.
A solicitor can:
- Assess whether negligence occurred.
- Help gather further evidence, including expert medical opinions.
- Explain whether you have grounds for a claim.
Compensation may be available to help with corrective surgery, emotional distress, and other losses related to the negligence. A solicitor will guide you through the process, making it easier to take action.
Understanding the claims process
If you decide to pursue a claim, the process generally involves:
- Initial consultation: Discuss your case with a solicitor and review available evidence.
- Independent medical opinion: obtaining an expert report on the standard of care you received.
- Letter of claim: formally notifying the responsible party of the case against them.
- Negotiation or court proceedings: attempting to settle or taking the case to court if needed.
An experienced solicitor will handle communication and legal procedures on your behalf, helping you focus on your recovery.
Knowing the time limits for making a claim
There is usually a three-year time limit for making a medical negligence claim in the UK. This period begins from:
- The date of your surgery, or
- The date you first became aware that negligence may have occurred.
Seeking legal advice early can help prevent delays and allow time for gathering the necessary evidence.
Addressing the emotional impact
Experiencing negligence in breast surgery can affect both physical and emotional well-being. Feelings of distress, anxiety, or loss of confidence in your appearance are common.
You may find support through:
- Counseling: speaking to a professional can help you process your experience.
- Support groups or online communities: sharing your story with others with similar experiences.
Taking care of your mental health is just as important as addressing physical concerns. Making a formal complaint about the surgeon or clinic
If you believe your surgeon or clinic did not provide an acceptable level of care, you may wish to make a formal complaint.
Options include:
- Filing a complaint with the clinic or hospital: requesting an internal review of your case.
- Reporting the surgeon to the General Medical Council: if you believe their actions warrant further investigation.
While filing a complaint will not lead to compensation, it can help highlight concerns and prevent others from facing similar issues. Pursuing legal action may feel overwhelming, but with the right support, you can take the steps needed to safeguard your well-being and move forward in your recovery.
Related: How to Lose Belly Fat After Breast Reduction
Related: Breast reduction surgery Purpose, benefits, and procedure
Related: How Long Does It Take to Recover from Breast Implants?
