Compensation Claims for Negligent Breast Surgery.
With more and more of us opting for some sort of nip, tuck, or enhancement, over 12,000 people underwent some type of cosmetic (augmentation or reduction) breast surgery in 2019, making breast surgery account for 43% of all cosmetic surgery procedures that year.
In 2021, breast surgery, is on more people's wish list than ever before, with a generation of people striving for the body beautiful. However, as the demand for breast surgery grows, surgeons and medical practitioners are busier than ever, and, at times, demand can mean that surgeons are stressed, corners are cut, and patient injury happens.
If this happens, and you have suffered as a result of medical negligence, then all is not lost, and help is at hand. Should you have suffered any kind of injury or negative reaction, as a result of your breast surgery, such as scarring, or lumpiness, or had the incorrect type or size of implants fitted, you are likely entitled to make a breast surgery personal injury claim against the surgeon, company, or hospital responsible for your breast surgery.
At MG Legal, if you have suffered any form of medical negligence, our aim is simple- we want to get you sufficient damages to not only compensate for the medical practitioner's negligence, but to enable you to have enough compensation to pay for corrective surgery, to get you the results you wanted from the start.
MG Legal have a specialist team of personal injury solicitors, including experts in the field of NO WIN NO FEE breast surgery negligence claims. Contact our friendly team of experts for a no obligation, completely confidential chat, today.
What is cosmetic breast surgery?
Cosmetic breast surgery is the process whereby any surgical procedure to enhance the appearance of the breasts is carried out. The vast majority of these procedures are either for breast augmentation (increasing the size) or breast reduction (decreasing the size). Other types of surgery include breast uplift surgery, where skin is removed to improve the shape of the breasts or breast reconstruction, usually taking place after the removal of partial removal of the breast to reconstruct its shape.
If you have had any sort of breast surgery in the last 3 years, and have suffered injury, illness, or the surgery was carried out to a poor standard, then contact MG Legal's expert cosmetic surgery personal injury solicitors, and we will be only too happy to answer your questions and queries, and accept your claim on a No Win No Fee basis.
How can breast surgery go wrong?
The most common errors during the process include:
Surgical error, where the surgeon carrying out the surgery makes a mistake;
Anaesthetic errors, where the anaesthetist administers an incorrect dosage of anaesthetic;
Using improper or fault surgical equipment;
Using damaged implants;
Using unsuitable implants;
Failing to take a full medical history, leading to avoidable complications or reactions;
Aftercare errors, such as failing to note early stages of infection;
It is highly likely that following one of these errors, you will have some of the following complications;
A less than ideal outcome cosmetically;
Loss of sensation, including nipple sensation;
Need for future surgery;
Pain both short and long term;
Need for prolonged hospital treatment;
Damage/rupture to implants.
If you have suffered any of these problems or any other issues you believe arose from negligence, MG Legal’s specialist breast surgery personal injury solicitors can assess your claim free of charge and with a view to taking the full claim on under a no win no fee agreement, to ensure you have the access to our expert services throughout the case, without the financial stress of funding the claim.
When is breast surgery negligent?
There are two legal “tests” which generally establish is a practitioner has been negligent of not. The first is the Bolam test, from a High Court case of Bolam v Friern. This case set the standard for practitioners of any kind of medicine that “the medical professional must demonstrate that they acted in a way that a responsible body of medical professionals in the same field would regard as acceptable or reasonable” Quite simply, if most medical professionals would not have acted in certain ways, those ways are most likely negligent.
There is also an issue of Consent, in that you must be given reasonable advice of the risks and benefits of a procedure before undergoing it. If this is not done properly in advance of the procedure, then even a reasonable consequence can be the result of negligence. This standard was set in the Supreme Court in the case of Montgomery v Lanarkshire where a mother was not told of the full risks of opting for a vaginal birth instead of a caesarean birth. If you believe you were not properly informed of the risk of a complication or negative outcome, this would likely be negligent.
These facts can only, truly, be confirmed by an expert opinion and here at MG Legal, we source our experts directly, rather than via a medical agency, which means we have a direct line of communication to each expert and can ensure they are the right person for the case. This “hands-on” approach has resulted in a much more flexible and personal manner to communicate with experts, allowing us to better act for each of our clients.
How much can I claim for breast surgery personal injury compensation?
This varies from case to case and your own dedicated personal injury solicitor will assess your case using a combination of expert medical evidence gathered from independent experts, documentation provided by you directly (such as wage slips or receipts for expenses) and various reference materials, the most common being the Judicial Studies Board Guidelines (JSB). The JSB is a reference book updated every couple of years using awards made by the Court for all types of injury. This book can be found on the desk or in the briefcase of every solicitor, barrister and judge who deals with personal injury.
Your award for your personal injury, also known as General Damages, depends upon the content of your medical evidence and your own description of how the injuries or poorly carried out surgery, have affected you. General Damages are known as damages for “pain, suffering and loss of amenity” and so, in short are determined by the extent of your injuries, the level and duration of any pain and the effect upon your life and ability to perform various tasks or activities. Awards can range from a few thousand pounds for relatively minor injuries into the hundreds of thousands of pounds for the most serious.
The financial element of your claim, Special Damages, covers any financial aspect of your compensation claim, including additional monies paid out, or income lost. The most common Special Damages include:
• Lost Earnings (past, present and future)
• Care Costs (both professional and family)
• Medication Costs
• Travel Expenses
• Cost of Future Treatment (including rectification surgery)
• Cost of additional services eg. A cleaner, gardener etc
Before concluding your claim, your expert breast surgery compensation solicitor at MG Legal, will ensure that every aspect of your claim and all losses are entirely covered and included in your claim. This way we ensure that when you receive your settlement, the money you receive truly reflects the losses and injuries you have suffered.
Does my surgery need to be a cosmetic procedure to qualify for breast surgery personal injury compensation?
No, it does not, if you are undergoing a breast surgery procedure for any reason, medical necessity or cosmetic, your surgeon and their medical staff still owe you the same duty of care as in the cases of Bolam and Montgomery as detailed in the section above titled “what is breast surgery negligence?”. Whilst the aims are different, you still have a desired outcome and a reasonable expectation of that being the outcome, so whatever the reason you had the surgery, if it has not gone to plan, you are equally entitled to compensation.
How long have I got to make a breast surgery compensation claim?
Subject to the Limitation Act 1980, if you have been injured as a result of breast surgery you have three years from the date of negligence, or the date you know about the negligence, to pursue a claim for personal injury.
So, if your surgeon makes a clear error on the day, your three years would start straight away. However, if everything appears ok to start with and then you later find out about an issue, say the implant type is wrong or that it has ruptured, your three years starts from the day you find out this information.
There are exceptions, for those under 18 years old at time of the injury, in that minors have three years from their 18th birthday within which to make a personal injury claim. Time limits may differ if you are acting on behalf of someone with limited mental capacity, if you are acting as guardian or subject a lasting power of attorney. If you have any questions or queries, then please do not hesitate to contact one of MG Legal’s personal injury experts, here…
Who pays my legal fees if I make a breast surgery personal injury claim?
MG Legal’s expert breast surgery personal injury claims solicitors believe that if access to justice should not entail up-front costs, legal jargon, and confusing conversations with fussy solicitors who don’t live in the real world. So, if you have suffered a personal injury during a surgical procedure, as a result of someone else’s negligence, then you should not have to pay up front legal costs to get access to justice.
Why choose MG Legal for my breast surgery personal injury compensation claim?
At MG Legal, we have a dedicated department dealing with personal injury claims occurring in botched cosmetic surgery claims. Our team is well versed in the always relevant pieces of Case Law such a Bolam v Friern and Montgomery v Lanarkshire, as well as having extensive experience of dealing with all types of injury and settling claims successfully at all stages of the process. We believe that our confidence in our own ability is demonstrated by the fact that every personal injury claim we accept is on the basis of a Conditional Fee Agreement, also known as a no win no fee agreement, which means that if we do not succeed for our client, we do not get paid for our work. If you have any questions or queries about the service we offer, please do not hesitate to contact our offices, and one of our friendly personal injury solicitors will answer any queries you have. Remember that at MG Legal, our solicitors are normal, everyday people, and we will listen to your situation, whatever it may be, with an understanding ear.