If you have experienced avoidable harm after negligent breast implant surgery, this might constitute medical negligence. This guide will explore when you could be eligible to begin a medical negligence claim for breast implant compensation.
As we move through this guide, we discuss the eligibility criteria for breast implant compensation claims as well as the evidence you could gather to strengthen your case.
Additionally, we discuss how a surgical negligence compensation payout is calculated and how it aims to address the psychological damage and physical impacts of the avoidable harm you suffered.
Furthermore, we explain how our panel of No Win No Fee solicitors could help you through the different stages of the medical negligence claims process.
Continue reading for more information on negligent breast surgery claims. Alternatively, you can get in touch with us today to see whether you are able to start making a medical negligence claim today. Our team of advisors are available to answer your questions 24/7. To reach them, you can:
- Phone number 0161 696 9685
- Fill in our ‘Online Enquiry‘ form.
- Message us via our live chat feature.
Learn Whether You Can Claim Breast Implant Compensation
Jump To A Section
- How To Claim Breast Implant Compensation For Medical Negligence
- Types Of Breast Surgery Negligence Involving Breast Implants
- How To Show Your Surgeon Acted Negligently
- How Much Breast Implant Compensation Could You Claim?
- No Win No Fee Breast Implant Surgery Compensation Claims
- Related Cosmetic Surgery Claims
How To Claim Breast Implant Compensation For Medical Negligence
You may be wondering when you could make a medical negligence claim following negligent breast implant surgery.
All medical professionals owe the patients under their care a duty to provide the correct standard of care. Medical negligence or clinical negligence can be when a medical professional deviates from professional standards expected of them, causing their patient to suffer harm that would have otherwise been avoided had they met the standard of care required of them.
However, in order to begin a medical negligence claim for breast implant compensation, you must prove the following:
- A duty of care was owed to you by a medical professional.
- They breached this duty.
- This breach was the cause of your avoidable harm.
It’s not always possible to make a medical negligence claim following a breast implant surgery that led to complications. You are only able to claim compensation if you meet the eligibility criteria above.
Is There A Medical Negligence Claim Time Limit?
There is a time limit in which you would need to start your medical negligence claim. As set out in the Limitation Act 1980, you must begin your claim within 3 years. These 3 years start from either the date you suffered medical negligence or the date you became aware that medical negligence occurred.
However, there are exceptions that can be made to the limitation period, such as for those under the age of 18 or those who lack the mental capacity to claim on their own.
You can learn about more time limits and exceptions, by contacting our team on the number above. An advisor can also provide further guidance on the eligibility criteria that need to be met for your claim to be valid.
Types Of Breast Surgery Negligence Involving Breast Implants
You may be able to claim breast implant compensation following negligent cosmetic surgery. Here are some examples of medical negligence leading to a breast implant surgery going wrong.
- Ruptured breast implants – Before your breast augmentation surgery, your surgeon failed to realise that your breast implants were defective. So, due to your surgeon’s negligent actions the implant ruptures and leaks very shortly after the the surgery, leading to an internal infection.
- Surgical infections – Your surgeon did not sterilise the utensils before your implant removal surgery. This leads to you suffering a bacterial infection acquired in hospital.
- Surgical errors – During a surgical procedure, you suffer from soft-tissue damage after your surgeon cut too deep into your chest, leaving permanent scarring from the wound.
If your breast augmentation surgery goes wrong, you may need a reconstruction surgery to fix the error, which can lead to psychological harm such as post-traumatic stress disorder.
If you have suffered breast implant complications caused by the negligent care provided by a surgeon, please call our team on the number above to discuss your specific case and find out what steps you could take to seek compensation.
How To Show Your Surgeon Acted Negligently
When you make a claim for breast implant compensation, it’s important to gather evidence that your surgeon breached the duty of care they owed you, and caused you to suffer avoidable or unnecessary harm. As such, you might benefit from collecting the following:
- Records showing your medical history, such as appointment letters, treatment plans, and, post-surgical notes, and diagnosis letters.
- Photographs and images of the physical impacts caused by the negligent breast implant surgery.
- The contact details of any witnesses, such as any friends or family who attended your medical appointments with you.
- A diary containing details about your physical and psychological well-being following the surgery.
You might also need to attend an independent medical assessment to produce a report on the full extent of the mental and physical effects you have suffered due to negligent treatment. Also, the Bolam test might be conducted by a group of relevantly trained medical professionals to determine whether you received the correct standard of care. You won’t need arrange the independent examination or the Bolam test yourself.
If you would like legal representation from an expert surgical negligence solicitor to assist you through the claims process, call our team. They can assess your case and may connect you to our panel of expert solicitors if you have valid grounds to proceed. A solicitor can then help in collecting evidence and arranging a medical exam as well as ensuring your claim is started within the relevant time limit.
To find out more about making a breast surgery negligence claim with the assistance of a solicitor, call on the number above.
How Much Breast Implant Compensation Could You Claim?
If you make a successful medical negligence claim, you may get up to two heads of loss that will make up your total breast implant compensation claims payout.
General damages, the first head of claim, is always awarded for successful claims. General damages compensate for the physical and psychological effects of the avoidable harm you have experienced due to a medical professional breaching their duty of care. Factors considered when calculating the value of this head include:
- Any physical pain you’ve suffered.
- The recovery time.
- The effect on your quality of life and psychological well-being.
Reference can be made to the independent medical report and the Judicial College Guidelines (JCG) when valuing general damages. In the JCG document, there are many types of harm and corresponding guideline compensation brackets.
Injuries Table
The table below contains figures from the JCG, with the exception of the first entry. Please use the table as a guide only.
| Injury | Severity | Guideline Compensation Bracket | Comments |
|---|---|---|---|
| Multiple serious types of harm with monetary losses | Serious | Up to £250,000+ | Compensation for the physical and mental effects of the medical negligence and financial losses incurred as a result, such as lost income, care costs, and medical expenses. |
| Chest | Traumatic injury to chest (b) | £65,740 to £100,670 | Leading to impaired function and permanent damage. |
| Damage to chest (c) | £31,310 to £54,830 | Leading to continuing disability. | |
| A relatively simple injury, like a single penetrating wound (d) | £12,590 to £17,960 | Some permanent tissue damage but no long-term impact on function. | |
| Psychiatric damage | Moderately severe (b) | £19,070 to £54,830 | Significant problems affecting several areas of the person's life but with a more optimistic prognosis than in severe cases. |
| Anxiety disorder | Moderate (c) | £8,180 to £23,150 | A significant recovery and any ongoing issues won't be majorly disabling. |
| Scarring to other parts of the body | A single disfiguring scar or a number of noticeable laceration scars | £7,830 to £22,730 | The scars are visible on the chest. |
Compensation For Financial Losses
Special damages, the second head of claim, can also be awarded for successful claims. Special damages pay for any financial losses incurred because of medical negligence. Such financial losses include:
- Lost wages for requiring time off work for recovery or for medical appointments.
- Medical expenses, such as prescription costs.
- Travel expenses, such as getting to and from the hospital.
It is important that you keep any invoices, bank statements, receipts, and payslips as evidence of the financial losses.
Speak with our team today if you want more information on how breast surgery compensation claims are calculated and how much compensation you could receive after a successful claim.
No Win No Fee Breast Implant Surgery Compensation Claims
If you do have an eligible cosmetic surgery claim, you could instruct an expert No Win No Fee solicitor from our panel to help you seek breast implant compensation. They work with their claimants under a Conditional Fee Agreement (CFA), which is a No Win No Fee contract.
It can benefit you to work with a solicitor under a CFA as there are no ongoing or upfront costs for your solicitor’s services. Plus, you do not have to pay for your solicitor’s services if your claim turns out unsuccessful.
Accordingly, you will pay your solicitor if your claim turns out successful. In this instance, your solicitor will take a success fee. Success fees are a percentage of your compensation, which the law limits. Because the law limits the maximum percentage that can be taken, you still receive the larger part of your awarded payout.
Contact Us Today
Contact our team about beginning the breast implant compensation claims process with a solicitor on a No Win No Fee basis using the details below.
- Phone on 0161 696 9685.
- Fill in our ‘Online Enquiry‘ form.
- Message us via our live chat feature.
Related Cosmetic Surgery Claims
Some of our other medical negligence claims guides:
- Learn more about the Bolam Test and when it may be carried out.
- Find out about plastic surgery negligence claims and when you could be eligible to seek compensation.
- Read about hospital negligence claims and claiming compensation for negligent care in a hospital.
Resources from other websites:
- General Medical Council (GMC) – A guide on good medical practice.
- NHS – Information on breast enlargement.
- GOV.UK – information on breast screening if you have breast implants.
Thank you for reading our guide on breast implant compensation claims. If you have any other questions, please call an advisor on the number above to discuss your specific medical negligence case.