Negligent Breast Augmentation Surgery Accident Compensation Claims Guide – Am I Eligible To Claim Breast Augmentation Gone Wrong?

Choosing breast augmentation surgery is a big decision that is not taken lightly. If the procedure goes wrong or you experience side effects following the surgery, then this is likely to be very upsetting, as well as painful for the victim. In many cases, it could be possible for lawyers to prove that your injury was caused by the negligence of the surgeon. Therefore, if you wish to make a medical negligence case following your breast augmentation surgery accident, please call Advice.co.uk today on 0161 696 9685 to find out more and to launch a compensation claim.

Read on to find out more about the mistakes that can occur during breast augmentation surgery and what you can do about it.

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A Guide To Negligent Breast Augmentation Surgery Accident Claims

Breast augmentation compensation claims guide

Breast augmentation compensation claims guide

A breast augmentation can do wonders for your body confidence. It can also be a great restorative option to have following treatment for cancer. Most surgeons do an excellent job and side effects are kept to a minimum. However, on occasion, women will suffer complications following breast augmentation surgery which can lead to unpleasant physical side effects and emotional trauma. If you have suffered following a breast augmentation surgery accident then please read through this guide to find out more about what may have caused it and how you can make a claim against your negligent surgeon. If you would like to make a claim, then Advice.co.uk are here to help and support you.

What Is Negligent Breast Augmentation/ Enhancement?

If you have chosen to go ahead with breast enhancement of any kind and your surgeon has acted in a negligent manner before, during or after the procedure which has resulted in an injury to you, then you can likely make a breast implant compensation claim. This injury may be either physical, emotional or both, as the impact of surgery such as this can have a severe psychological impact if it goes wrong. As long as your surgeon is to blame for your injury then you may be eligible to receive medical negligence compensation.

What Is Medical Negligence?

All medical practitioners, whether they work in private practice or the NHS, have a duty of care to safeguard the wellbeing of a patient in so far as they are able to do so. If a clinician has provided substandard care, leading to an injury, then they may be held liable for medical negligence. Medical negligence can include providing incorrect treatments, misdiagnosing a condition or making a mistake during surgery.

Breast Augmentation And Enhancement Injury Compensation Calculator

It can be helpful to use an alternative to a personal injury compensation calculator like the table below to work out how much money you may be able to receive for plastic surgery negligence claims. However, every case is different and your claim will be based on the specific details of your situation. A solicitor will be able to give you a more accurate estimate based on your circumstances.

InjuryNotesValue
Trivial scarringMinor impact, with a full recovery expected.£1,600 to £3,310
Less significant scarringGenerally involving cases of one scar that can be hidden, or potentially a few small scars.£3,710 to £12,900
Significant scarringPlastic surgery may be required to repair scar. Also accounts for some psychological reaction. £8,550 to £28,240
Very severe scarringSignificant disfigurement leading to a severe psychological reaction. A higher award is made for younger claimants (18-early 30s).£27,940 to £91,350
Moderate Post-Traumatic Stress DisorderPsychological impact of the injury, with a good prognosis for recovery with professional help. £7,680 to £21,730

The figures in the table above are based on those contained in the guidelines of a legal body known as the Judicial College.

What Can Medical Negligence Claims Compensate You For?

In a medical negligence breast augmentation claim, you may be eligible to receive both general damages and special damages. General damages compensate victims for the suffering they have experienced as a result of their injuries and special damages compensates for any specific financial loss. Let’s look at each in more detail.

General damages

Physical pain

Following a negligent breast augmentation, you are likely to be suffering a great deal of pain. The amount of general damages that you will be entitled to receive depends on the duration of this pain and suffering as well as the severity.

Psychological damage

If your breast enlargement has gone wrong and you have suffered significant scarring or feel very unhappy with the way that you look, this is likely to have a psychological impact and may drastically reduce your confidence. You can often make a claim for this psychological damage too.

Special damages

Medical expenses

You may have needed to see private doctors to have corrective surgery or treatment following a failed breast augmentation procedure. You may want to claim back any costs of treatment that are directly related to the surgical negligence you have experienced.

Travel expenses

You may also want to claim back any travel expenses that you have incurred as a result of your injuries. This can include transport costs to and from appointments.

Loss of earnings

If you have taken time off work as a result of your injuries then you may be able to claim loss of earnings. The payment for this will be based on your current earnings. However, it might also take into account future earnings.

Care costs

If you have been so unwell that you were unable to carry out daily tasks at home, then care costs as part of a claim can reimburse the expense of a carer.

Common Causes Of Negligence In Breast Implant Surgery

There are a number of ways in which breast implant surgery can go wrong. You should have been warned of these risks in advance of the procedure, but if the risks were not managed correctly then you may have a claim following your breast augmentation surgery accident. Here are some of the most common reasons that people make breast enlargement claims.

  • Internal bleeding in the breast tissue. Symptoms include painful and swollen breasts.
  • Haematoma, which is an area of bleeding that causes swelling.
  • Capsular contracture. It is normal for scar tissue to develop around breast implants. However, this can sometimes result in oddly shaped or hard implants. When this happens it can become very painful and you may need to have the implant taken out completely.
  • Post-surgical infection. Not only is this unpleasant but it can cause significant scarring.
  • A loss of sensation in the nipple
  • An odd ripple or crease in the surface of the breast due to visible implants.

If you have been the victim of any of these conditions, you may be able to claim breast implant negligence. Speak to our advisors at Advice.co.uk to find out if your surgeon may have behaved negligently and caused these problems.

Common Forms Of Injuries From Breast Implants

Following any type of surgery, it is normal to experience some level of discomfort. After breast augmentation surgery, you may be advised that you could experience a tightening in your chest, low-level swelling, bruising and pain. If however, you experience any of the following symptoms, this could indicate that there has been a breast augmentation surgery accident, leading to unexpected and unwanted side effects such as:

  • Significant bleeding
  • Leakage of any type of fluid
  • Breast deflation
  • Unsightly scarring
  • A DVT or blood clot
  • If you experienced an allergic reaction following the anaesthetic – your surgeon should have checked this prior to the procedure.
  • Excessive pain
  • Infection at the site of the wound
  • Finding out that you are unable to breastfeed
  • Experiencing a loss of sensitivity in the nipples
  • Rippling of the skin caused by the implant being too close to the skin’s surface
  • Abnormal or unevenly shaped breasts, usually caused by a rotating implant
  • Lumpiness of the breast caused by an implant which has ruptured
  • Hard breast tissue caused by internal scarring, also known as capsular contracture
  • Unexpected swelling

Compensation Claims For Deflated Breast Implants

If your breast implants have deflated then you may certainly be eligible to make a breast enlargement claim. Speak to Advice.co.uk and we will be able to offer you further information. We may ask about any other symptoms you have experienced in order to establish whether or not you have a viable case to claim breast surgery compensation.

Compensation Claims For Ruptured Implants

There is a very good chance that you will be able to make a compensation claim if one or both of your implants has ruptured. Implants are designed to be hard-wearing and should not break. You should be able to make a claim for both the physical and psychological suffering you have experienced following a ruptured implant. Recent evidence shows that PIP implants are more likely to rupture than other brands. Although PIP implants are no longer allowed in the UK, there have been many successful PIP implant claims. Contact Advice.co.uk to find out more about achieving compensation for ruptured breast implants.

Compensation Claims For Surgical Infections

Assuming that your surgeon was to blame for your surgical infection, you may well be eligible to make a claim. You will also have a good case if the wrong medicine was prescribed to you or if you experienced an allergic reaction to a medication that was administered without anybody checking your tolerance first. Advice.co.uk have many years’ experience in helping people go about making claims for medical negligence. We should be able to advise you whether or not you have grounds to make a claim following your surgical infection.

What Are PIP Breast Implants?

PIP implants have been banned in the UK since 2010 when it was discovered that they contained a silicone gel that had not been approved. These PIP implants were found to rupture much more easily than other types of implants. There is currently no indication that the PIP implants will have any serious implications for health but the symptoms of a rupture are unpleasant and if you have received PIP implants then you may be keen to have them removed. Unless the PIP implants have actually ruptured, there is no clinical indication for them to be taken out unless you feel anxious about the possibility of a rupture.

PIP implants are manufactured in France and the risk of rupturing is common to all implants made by the French company, Poly Implant Prosthesis (PIP). It is estimated that 47,000 women in the UK have PIP implants, most of which are still in situ.

Clues that an implant may have ruptured include a new swelling or lumpiness in the breast, redness, painful breasts, a sensation of burning or enlarged lymph nodes. If you notice any of these symptoms, you should see a doctor as soon as possible. You may be required to have an ultrasound or MRI scan to check for a rupture. If your implant has ruptured then you will need to have it removed.

If you are unsure whether or not you have PIP implants then your clinic will be able to advise you. Some private clinics have been willing to replace PIP implants for free. Check your clinic’s policy on PIP implants if you feel that you may wish to have them removed or replaced.

Compensation Claims For PIP Implants

If you have experienced problems following a procedure to fit PIP implants, you may well be able to claim compensation, particularly if you became unwell as a result. Many women might find it psychologically difficult to go through another surgical procedure and may experience a high level of anxiety when finding out that they have been fitted with PIP implants. PIP breast implant compensation has been payable to many women who have suffered as a result. If your PIP implants were fitted after 2010 when the implants were banned in the UK, then you will most certainly be able to make a claim as they have been fitted illegally.

Advice.co.uk will be able to provide further information on this and support should you wish to launch a claim.

PIP Breast Implant Statistics

PIP breast implants are 2 to 6 times more likely to rupture than other brands of implant. Most PIP implants were fitted at private clinics, although some were used in the NHS as part of reconstruction surgery.

Although we don’t wish to panic anybody who has these implants as there is no current indication that these implants can cause cancer or are in any way toxic, you may wish to talk to us at Advice.co.uk about launching a claim for compensation. We know of many case studies that show that a number of women have made successful PIP implant claims and your claim could be next.

How Is The Severity Of A Breast Enhancement Injury Assessed?

Any compensation payout will be based on the severity of your injury and its potential to have a long-term impact on your physical or emotional health. It is not always easy to establish how severe an injury is without further medical input. That is why lawyers often ask clients to undergo further medical examination before launching a claim. This examination will help them to find out whether you require any further treatment and what the long-term implications may be for your health and well-being. They can organise this appointment on your behalf at a convenient location and it will be at no cost to yourself.

How Long Do You Have To Make A Surgical Or Medical Negligence Claim?

Breast surgery negligence

Breast surgery negligence

Just like the standard personal injury claims time limit, the medical negligence claims time limit is also 3 years from the date of the incident or from the date that you acquired knowledge that you had an illness or injury. If you are unsure whether your case has breached the time limits,  speak to us at Advice.co.uk and we will look into the details of your case.

Personal injury claim time limit 
Clinical Negligence3 years after the cause of the injury was discovered
Compensation following death3 years following the accident that caused death

How Do I Start A Medical Negligence Claim?

Following a breast augmentation surgery accident, there are some crucial things that you can do to strengthen your case should you wish to make a claim at a later date.

  • You should see a doctor to establish what injury has occurred and what your treatment options are. Sometimes it can be detrimental to your health to delay diagnosis and treatment, so make an appointment as soon as possible. This medical entry in your records will also be helpful if you choose to launch a negligent breast enhancement claim.
  • Take photographs. Try to take photographs of the injured area soon after it has occurred.
  • Gather receipts. If you have incurred any out of pocket expenses for medical treatment or transport costs then you may be able to claim this back at a later date. Keep all receipts and reports in order to make your claim for special damages.
  • Write down or gather as much evidence as you can. Think about anything that was said prior to or after the surgery, any documents you have or reports that have been written. No matter how small it may appear to you, this information may become important further down the line.
  • Contact a medical negligence solicitor. We strongly suggest that you get in touch with Advice.co.uk as soon as possible so that we can match you up with a specialist solicitor from our panel. Although there is a claims time limit of 3 years, the sooner you launch your claim the better. This is because it makes it easier for your solicitor to gather fresh evidence soon after the breast augmentation surgery accident has occurred.

No Win No Fee Breast Augmentation Surgery Accident Claims

Advice.co.uk work on a No Win No Fee basis. This means that unless you successfully win your compensation claim, you won’t owe your lawyer a penny. If your claim is successful then your solicitor may seek a small fee to cover their costs, which is capped by law. It will be taken from your compensation award, meaning that at no point will you be put under any financial burden that you cannot afford.

Why Make A Claim With Our Expert Team?

Advice.co.uk put our clients first. We are here to help you. Our team is always available to answer your questions and queries and are happy to help in any way that they can. There are many companies offering a medical negligence claims service, but we believe that you won’t find better than Advice.co.uk. We have a strong team of professional people and an excellent success rate.

Contact our team by email, phone, or post. Our team will assess your claim.Once you are ready, we can then start your claim.

Contact Our Expert Team

Wherever you are based, if you have had a breast augmentation surgery accident that has resulted in injury, we can help. Advice.co.uk are personal injury and medical negligence specialists. We are waiting to take your call on 0161 696 9685. Alternatively, we can call you back if you get in touch via our contact form online.

Further Advice For Victims Of Surgical Negligence

PIP Implants – NHS – What the NHS are saying about PIP

All about breast enlargement – Another page from the NHS.

Workplace Rights 

No Win No Fee Claims

 

Guide by OS

Edited by DEG