You can make a breast surgery compensation claim if you suffered unnecessary or avoidable harm due to poor medical care. Hospitals and medical professionals must meet guidelines and professional standards, when they fail to do so, patients can suffer physical and psychological harm. If you have suffered harm due to negligent surgery, you may be in physical pain as well as stressed about making a claim on your own. But do not worry, we are here to help you.
Key Takeaways
- Figures from the British Association of Aesthetic Plastic Surgeons show that 5,202 breast augmentation procedures were carried out in 2024
- This made breast augmentation the most common form of cosmetic surgery.
- Claims may be made against private healthcare providers and the NHS. If the procedure was carried out abroad, a claim may need to be brought in that country.
- Breast surgery negligence may happen due to a failure to obtain informed consent, surgical errors, or poor aftercare.
- Our medical negligence solicitors can provide a comprehensive No Win No Fee service.
Our solicitors specialise in medical negligence claims and understand the potentially devastating effects of botched cosmetic surgery. They will take time to understand your case, tailoring their service to meet your needs. Get in touch today.
4.8 (466 reviews) Breast Surgery Negligence Compensation Amounts
Breast surgery negligence compensation amounts depend on the type of harm suffered, its severity, and what financial losses it caused.
General damages is the head of loss that compensates you for the physical and psychological effects you have suffered due to the medical negligence.
Those calculating general damages in breast surgery compensation claims may refer to the Judicial College Guidelines (JCG). This document offers guideline brackets of compensation for different forms of harm.
We have used relevant brackets from the JCG (with the exception of the first entry) to create the following table. These entries do not guarantee the amount of compensation your claim may be awarded.
| Harm | Severity | Compensation |
|---|---|---|
| Multiple forms of severe harm and special damages. | Severe forms of harm and special damages, covering income losses, medical costa and travel expenses. | Up to £500,000+ |
| Chest injuries. | (b) Traumatic injury to the chest, lungs or heart, resulting in permanent damage. | £80,240 to £122,850 |
| (c) Damage to chest/ lungs, resulting in disability. | £38,210 to £66,920 | |
| (d)Simple injuries, such as a penetrating wound. | £15,370 to £21,920 | |
| Scarring to other parts of the body. | A Number of Noticeable Laceration Scars or One Single Disfiguring Scar | £9,560 to £27,740 |
| One disfiguring scar, or several noticeable ones. | £9,560 to £27,740 |
Can Negligent Breast Surgery Compensation Pay For Psychological Impacts?
Yes, negligent breast surgery compensation can pay for psychological impacts, as well as physical harm. This is because the courts recognise the emotional and psychological impact a botched breast surgery procedure can have on a claimant. The following table again takes figures from the JCG, with the exception of the first row.
| Harm | Severity | Compensation |
|---|---|---|
| Multiple forms of psychological harm, with special damages. | Severe forms of harm and special damages, such as income losses, care costs and medical expenses. | Up to £250,000+ |
| Psychiatric damage. | (a) Severe cases where the person has marked problems across multiple areas of their life. | £66,920 to £141,240 |
| (b) Moderately severe cases where the prognosis is more optimistic than the above. | £23,270 to £66,920 | |
| (c) Moderate cases where the prognosis is good. | £7,150 to £23,270 | |
| Post-traumatic Stress Disorder (PTSD). | (a) Severe PTSD involving permanent effects preventing the person functioning as they did prior to this. | £73,050 to £122,850 |
| (b) Moderately severe PTSD, distinct from the previous bracket due to better prognosis with professional help. | £28,250 to £73,050 | |
| (c) Moderate PTSD where the person has largely recovered. | £9,980 to £28,250 |
How Can Breast Surgery Compensation Help With Other Losses?
Breast surgery compensation can help with other losses, such as medical and therapy costs, as well as the impact on your income. These losses are covered by the second head of claim which can be awarded known as special damages.
Special damages could include:
- Loss income and earnings, including those lost during your recovery period or longer-term incapacity.
- Medical costs, including the cost of corrective and/or revision surgery as well as medication.
- Implants or adaptive clothing, this can include the cost of prosthetics or garments required after surgery.
- Counselling or therapy, providing support with psychological trauma.
You must provide supporting financial records (such as bank statements, receipts, and invoices) to recover these losses. Find out what general damages for your pain and suffering or special damages for financial losses you could be awarded in breast surgery claims by talking to our team.
4.8 (466 reviews) Can I Claim Breast Surgery Compensation?
Yes, you can make a breast surgery compensation claim if you can show that you suffered avoidable harm as a result of substandard medical care. To do so, you must show that:
- Your surgeon or other medical professional owed you a duty of care.
- This is automatically owed whilst you are under their care.
- To meet this, doctors, surgeons, and other medical professionals must meet expected minimum standard of care.
- This duty of care was breached, for example by failing to obtain your informed consent.
- The breach caused you harm which was unnecessary or otherwise avoidable.
We must note that any surgical procedure carries some degree of risk and that not all harm suffered is avoidable, unnecessary, or may be considered negligent. In a subsequent section we look at types of negligence that could occur.
Can I Make A Breast Surgery Negligence Claim Against The NHS?
Yes, you can make a breast surgery negligence claim against the NHS if you received negligent treatment from them and this caused you unnecessary harm. Medical professionals working in the NHS owe the same standard of care to provide those they treat with the correct standard of care.
Can I Claim If My Surgery Was Done Through Private Healthcare?
Yes, you can claim if your negligent breast surgery was done through private healthcare if you suffered avoidable harm due to their negligent treatment. Medical professionals in the private sector have the same duty of care as those operating in the NHS.
Can I Claim For Breast Surgeries Done Abroad?
Yes, you may be able to claim for negligent breast surgeries done abroad if poor care caused you avoidable harm. However, such claims may need to be made in the country you received your medical treatment. This may mean eligibility criteria, time limits, and the claims process may differ.
Please speak to one of our advisors to learn more about when breast surgery compensation claims could be made.
4.8 (466 reviews) What Types Of Breast Surgery Can Be Claimed For?
Types of breast surgery that can be claimed for include surgery involving breast reduction, enlargement, uplift, nipple or implant reduction, and reconstruction. Each carries distinct risks, resulting in avoidable harm.
Types of breast surgery include:
- Breast reduction. This involves the removal of breast tissue, including fat, glandular tissue, and skin, in order to reduce size, relieving discomfort.
- Risks. Excessive scarring, poor wound healing, uneven results, and loss of nipple sensation.
- Breast enlargement surgery. This involves the insertion of silicone or saline implants with the aim of increasing the size of the breast or restoring volume.
- Risks. Saline and silicone implants may carry different risks. Silicone implants carry the risk of silent rupture, where the gel bleeds or migrates, whilst saline implants can carry bacterial risks. Other risks include capsular contracture, nerve damage and asymmetry.
- Breast uplift. This uplift and reshapes the breast by removing excess skin and tightening tissues.
- Risks. Asymmetry, excessive scarring, as well as changes in nipple sensation, or position.
- Implant revision surgery. This is carried out to adjust or replace breast implants due to aesthetic concerns or complications.
- Risks. These include the need for further corrective surgery, infections, and implant displacement.
- Nipple reduction. This is a cosmetic or reconstructive procedure to reduce the projection or size of the nipple.
- Risks. Loss of sensation, infection, or excess scar tissue.
- Breast reconstruction. This rebuilds the shape and appearance following an injury, mastectomy, or other cause. It may involve breast implants, autologous tissue, or tissue expanders.
- Risks. Flap failure or necrosis, implant complications, loss or nipple sensation, or graft failures.
Each type of breast surgery carries different risks, but all must be carried out to a reasonable standard. If any of these error have caused you unnecessary harm, you could have grounds to make a breast surgery compensation claim.
How Medical Negligence Can Occur During Breast Surgery
Medical negligence can occur before, during, or after breast surgery as each stage carries different risks, which could result in avoidable harm.
Pre-Operative Negligence
Pre-operative negligence includes that which takes place during pre-surgical consultations or planning.
- Lack of informed consent – where a surgeon fails to properly disclose the risk of breast surgery or offer alternative procedures and you undergo unnecessary surgery.
- Incorrect advice – where you are advised to choose unsuitable implants, leading to chronic pain and the need for revision surgery.
Surgical Negligence
Surgical negligence can include technical errors which cause direct physical harm.
- Wrong incision – where the incision is placed in the wrong location, causing tissue damage and visible scars.
- Instrumentation error – where surgical tools are misused or are left inside the body, causing infection or internal trauma.
- Infection – where the failure to maintain sterile conditions during surgery leads to a hospital infection, such as MRSA, requiring immediate emergency treatment.
Post-Operative Negligence
Negligent post-operative care can lead to complications, delaying a patient’s recovery.
- Failure to diagnose complications – hospital staff fail to spot the signs of a ruptured implant, resulting in disfigurement and infection.
- Inadequate aftercare – a patient is discharged too early without proper advice on wound care. This leads to a prolonged healing time and unnecessary scarring.
If you have been affected by these or other forms of negligence, please contact our team.
Proving Medical Negligence Occurred During Breast Surgery
You can take practical steps to prove that medical negligence occurred during breast surgery such as collecting medical records, keeping a diary of your symptoms, and documenting financial losses. Below we look at the steps you could take to help strengthen your claim.
Prioritise Your Health
If you experience any of the complications, symptoms, or effects we have discussed, your first step should be to seek medical assistance. You may seek care from your GP, an NHS hospital, or your private healthcare provider. Care may include revision surgery or treatment for an infection.
Collect Evidence
Collecting evidence can help you to prove that a medical professional’s action or inaction caused you harm, before, during, or following breast surgery. Evidence can include,
- Your medical records within which there may be copies of consent forms, surgical notes, and documentation showing what further treatment, medication, or surgery you needed. This may show how a medical professional breached their duty of care.
- Photographs of visible scarring or injuries.
- Contact information or anyone who witnessed you receiving negligent treatment.
Report The Negligent Medical Treatment
You can report negligent medical treatment directly to the medical professional or practice, to the NHS Patient Advice and Liaison Service, the body commissioning the service (such as an NHS Provider or Trust), or to your private healthcare provider. Doing so can help to improve patient safety in the future and (crucially) creates further official records which may be submitted with your claim. Patients may also complain about a service or provider to the Care Quality Commission (CQC).
Keep A Diary Of Your Symptoms
Keeping a diary of your symptoms and the harm impacted you can highlight the extent to which you suffered. Your diary could record,
- The presence, level, location, and duration of pain suffered.
- Medication you needed to take to deal with pain, infection, or other symptoms.
- What medical appointments you attended and what treatment you received.
- The wider impact the harm had on you, such as having to take time off work, or being unable to participate in other activities and daily tasks.
Seek Expert Legal Advice
Seeking expert legal advice as early as possible can help you understand the steps you can take to reinforce your claim. A specialist medical negligence solicitor may have years or even decades of experience in helping people with similar cases. A solicitor could,
- Provide a free, no-obligation, consultation, review your case and explain whether you have a valid claim.
- Explain and ensure that you understand the claims process.
- Provide an estimate of how much compensation you may be eligible to claim.
- Help you collect evidence and communicate with other parties as necessary.
Taking these steps can help to strengthen your claim and may improve its chances of being successful. Contact our advisors to learn more how one of our solicitors could help you.
The Breast Surgery Medical Negligence Claim Time Limits
Breast surgery medical negligence claims must usually be made within 3 years. The Limitation Act 1980 sets the time limit. These 3 years can run from:
- The date of the surgery
- The date of knowledge is the date on which you discovered medical negligence took place
Exceptions apply to this time limit in cases where the claimant in under the age of 18 or lacking the mental capacity to manage their own case. In these instances, a litigation friend could claim on their behalf.
To see whether you are still within the time limit to make a breast surgery compensation claim, or to learn more about the exceptions, you can contact our advisors.
Get Expert Help From Legal Expert’s Solicitors
Legal Expert’s solicitors can help with breast surgery compensation claims by offering specialist support, tailored to your individual circumstances. This can be done on a No Win No Fee basis through a Conditional Fee Agreement (CFA). With this arrangement in place, you can experience:
- Not having to pay any fees upfront for the solicitor to begin working on your claim.
- Having no solicitor fees to pay during the progression of the claim.
- Not having to pay your solicitor for the work they have done should the claim not be a success.
You will need to pay them a success fee out of your compensation if the claim is a success. The law limits the percentage that this fee can be.
Some of the expert services our solicitors can offer you on a No Win No Fee basis include:
- A free initial assessment of your case
- Clear communication throughout the breast surgery claims process
- Negotiating your compensation to cover both your general and special damages
- Arranging an independent medical assessment where needed
- Handling all communication with the defendant
Contact Us
Contact us today to discuss your breast surgery compensation claim and see how one of our solicitors could help you:
- Phone 0800 073 8804
- Contact us online.
- Send a message using our live chat.
Frequently Asked Questions
Here we answer frequently asked questions about breast surgery claims.
Can I Still Claim If I Was Told Of The General Risks To Breast Surgery?
Yes, you can still claim if you were told of the general risks of breast surgery, as this does not absolve medical professionals of their duty of care, nor excuse negligent treatment.
Can I Claim If No Negligence Occurred, But I Am Unhappy With My Results?
No, you can not claim compensation if negligence has not occurred. This is because dissatisfaction with the outcome of surgery, where applicable medical standards were met, is not grounds to establish a breach in duty of care.
Will I Need To Go To Court For A Breast Surgery Claim?
It is unlikely that your breast surgery claim will need to go to court. Your case will only go to court if either liability is disputed, or parties can not reach a fair settlement.
How Long Will It Take To Settle A Breast Surgery Medical Negligence Claim?
How long it will take to settle a breast surgery medical negligence claim can vary. Complex cases, or those where there are disputes may take longer to settle.
More Information
Find out more about claims for negligent treatment in these resources:
- Learn more about breast cancer negligence claims here.
- Learn more about beauty treatment injury claims here.
- Here we look at liposuction negligence claims.
References:
- Learn more about cosmetic procedures in this NHS resource.
- Find advice on choosing who will do your procedure in this NHS guide.
- Get further advice on cosmetic surgery in this resource from the Care Quality Commission.
To learn more about breast surgery compensation claims, please contact our team.
