For women who choose to undergo breast surgery, this is often a deeply personal decision aimed at enhancing confidence and self-esteem in their appearance. However, when the outcome does not go as planned, it can intensify feelings of self-consciousness and lead to significant financial strain. This guide explains how surgeons are legally obligated to minimise the risks of breast surgery, the signs something went wrong and what you can do if this has happened to you.
Understanding breast surgery and how risks should be mitigated
Breast surgery encompasses procedures such as breast implants, breast reduction and breast lift. Breast implants involve placing silicone or saline implants to enhance breast size and shape. Breast reduction removes excess breast tissue to create a smaller, lighter breast that is more proportionate to the body. A breast lift, also known as mastopexy, raises and reshapes sagging breasts to achieve a firmer, more youthful appearance. While these surgeries can deliver transformative results, they all carry inherent risks.
Your surgeon has a professional duty to take comprehensive steps to mitigate the likelihood of complications arising. This includes providing clear information about the realistic outcome of your procedure, explaining the expected recovery process and outlining all potential risks.
Before surgery, your suitability should be thoroughly assessed to ensure it is appropriate for you. During the operation itself, your surgeon must use the correct techniques and carry out the procedure precisely as agreed. Following surgery, they should arrange regular check-ups to monitor your healing and promptly identify any signs of complications.
What are the signs of potential issues?
After breast surgery, it is important to be aware of any symptoms that could suggest something is not healing as expected.
- Unusual fluid from the incision sites: It is common to see some discharge in the early days after surgery. However, if the fluid becomes yellow, green or develops an unpleasant odour, it may point to an infection.
- High temperature and chills: A mild temperature can occur shortly after an operation. If you develop a high fever or start to feel chills, this may indicate an infection requiring prompt medical review.
- Changes in breast shape or noticeable asymmetry: If one breast starts to look markedly different in size or shape, it could result from issues such as implant movement, rupture, or the formation of tight scar tissue around the implant (capsular contracture).
- Severe or increasing swelling and bruising: Some swelling and bruising are a normal part of recovery, but if the swelling becomes pronounced, spreads rapidly or worsens over time, this may indicate bleeding or infection.
- Ongoing or intense pain: While discomfort is to be expected initially, it should gradually improve. If you experience severe or persistent pain that does not ease with prescribed medication, it could be a sign that further assessment is needed.
- Breathing difficulties or chest discomfort: If you experience shortness of breath or pain in your chest, you should seek urgent medical attention, as this could signal a serious complication.
If you notice any of these signs, it is essential to contact a medical professional without delay.
What should you do if your surgery didn’t go to plan?
If you believe your breast surgery has not gone as expected, there are steps you can take to protect your interests and understand your options. One of the first actions is to seek advice from a solicitor who specialises in breast surgery compensation claims. They can help you understand whether the outcome you experienced may have been avoidable and whether the standard of care provided fell below what is legally acceptable.
A specialist solicitor will be able to gather and review all relevant evidence, such as your medical records, pre-surgery consent forms and photographs documenting your condition before and after the procedure. They may also arrange for an independent medical expert to assess whether the treatment you received was appropriate.
If necessary, your solicitor can correspond with the surgeon or clinic involved to obtain further information or clarification. Throughout this process, they will act on your behalf, explaining each stage clearly and advising you on how best to proceed. Where appropriate, they can help you pursue a compensation claim that reflects the impact the surgery has had on your physical and emotional wellbeing.
What compensation covers
Compensation is intended to help you recover the losses and costs you have experienced as a result of negligent breast surgery. It can include payment for any income you have lost if you have been unable to work during your recovery, as well as future loss of earnings if your ability to return to employment has been affected.
You may also be able to claim for the cost of travelling to and from medical appointments, whether for treatment, check-ups or further surgery to address complications. Additional medical expenses, such as corrective procedures, specialist consultations or prescription charges, can be included.
In some cases, compensation can cover the cost of counselling or psychological therapy, recognising the emotional impact that a poor surgical outcome can have on your wellbeing and quality of life.
How long you have to claim
In most cases, you have three years from the date of your surgery to start a compensation claim. This period is known as the limitation period. It means that legal proceedings must be issued within three years of the treatment taking place, or from the point at which you first became aware that something had gone wrong with your surgery.
There can be exceptions to this rule, for example if you did not realise immediately that the outcome was negligent, in which case the three-year period may begin from the date you first knew, or could reasonably have known, that you were affected by substandard care. Because calculating time limits can be complex, it is advisable to seek legal advice as soon as possible to ensure you do not lose the right to pursue a claim.
Following this advice can help you secure the compensation you deserve for your suffering.
