If you’ve undergone breast surgery and are unhappy with the results because they differ from what you were told to expect, or you’ve experienced unexpected issues since your procedure, there’s a chance that you may have been affected by negligent breast surgery.
This guide explains what your surgeon’s legal responsibilities are and what steps you can take if you believe their failure has caused you physical or psychological harm. This includes pursuing breast surgery compensation claims and securing reimbursement for your financial losses and suffering.
Understanding breast surgery negligence
Breast surgery includes procedures such as breast augmentation, breast reduction and breast lifts. Each of these aims to change the appearance of the breasts, whether by enhancing their size, reducing volume or altering shape and position. As with any surgical procedure, there are associated risks. This is why surgeons are legally required to meet specific standards before, during and after surgery.
If you experience complications or outcomes you were not properly warned about, and these issues occurred because your surgeon failed to meet their legal obligations, you may be able to make a claim for negligence.
Your surgeon’s legal obligations
Surgeons performing breast surgery must meet a duty of care at every stage of the procedure – before, during and after the operation. Failing to meet these obligations may be classed as negligence.
Pre-surgery
Before surgery, your surgeon must clearly explain all potential risks, what results can realistically be expected, and what level of scarring may occur. They must also discuss alternatives to surgery and assess whether you are a suitable candidate for the procedure, both physically and mentally.
During surgery
Your surgeon must carry out the operation using appropriate techniques and in line with expected medical standards. This includes maintaining proper hygiene, using correct surgical methods and ensuring the implants or alterations are placed accurately to achieve the agreed results.
Post-surgery
After the operation, your surgeon must monitor your recovery. This includes checking for signs of complications such as infection, implant shifting or tissue damage, and taking appropriate action if anything goes wrong. Failure to carry out proper aftercare may amount to a breach of their duty of care.
How do you know if something is wrong?
Following breast surgery, it’s normal to experience some swelling, bruising and mild discomfort. However, there are specific signs that may indicate your surgeon did not meet their duty of care. These include:
- Inappropriate or unexpected scarring: scarring that appears in places not discussed or is more extensive than what you were advised pre-surgery.
- Infection: especially if your surgeon failed to advise you on aftercare, spot the infection during follow-ups or respond appropriately once it was identified.
- Symmastia: where breast implants merge across the midline of the chest.
- Persistent droopiness: which could suggest the wrong type of surgery was chosen.
- Double bubble: where the implant sits below the natural crease of the breast, causing a double fold.
- Areola stretching: possibly caused by the failure to use a suitable suture technique.
- Waterfall deformity: where breast tissue drops below the implant, sometimes described as a ‘Snoopy nose’ shape.
- Asymmetry: noticeable differences in the size, shape or position of the breasts or areolae.
If you notice any of these signs, or feel something isn’t right, it’s a good idea to seek a second opinion from an independent medical professional who is registered with the General Medical Council. They can assess whether your outcome is a known complication or a potential sign of negligence.
How can you take action?
If you believe you’ve suffered harm due to negligent breast surgery, there are several steps you can take.
Seek prompt medical attention
First, make sure you receive medical care for any ongoing or new symptoms. This could involve seeing your original surgeon or, if you are concerned about their involvement, seeking a second opinion from another medical professional. Acting quickly and in an organised fashion can help limit further harm and provide clarity about what went wrong.
Gather evidence
To support your case, begin collecting evidence. This may include your medical records, any correspondence with your surgeon, and details of complaints you’ve raised and how they were handled. You should also keep copies of any invoices for additional treatments, follow-up appointments or investigations linked to your recovery.
Pursue a compensation claim
You may be entitled to compensation for the physical and psychological harm caused by the negligent surgery. This can help with financial losses such as further medical care, lost earnings, or emotional distress. It is recommended that you speak to a solicitor who specialises in cosmetic surgery claims. They will understand the legal obligations surgeons must meet and your rights as a patient. A specialist solicitor can act on your behalf, working in your best interests throughout the process to help you secure fair compensation for what you’ve experienced.
By understanding what a surgeon’s legal obligations are and following these steps, you will be in a stronger position to recognise when those obligations may not have been met. If you believe you have suffered harm as a result of negligent care, taking the right steps can help you build a clear and well-supported claim that optimises your chances of receiving the compensation and justice you deserve.