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What Are Breast Augmentation Claims?
Breast augmentation claims are made when an individual takes legal action against her surgeon for complications or avoidable harm suffered during her breast augmentation or enlargement surgery as a result of negligent treatment or avoidable errors by the surgeon.
When you undergo a breast augmentation or breast enlargement procedure, you expect to look better and not to suffer unnecessarily because of your cosmetic surgeon’s mistake. Cosmetic surgery negligence can be very traumatic and devastating as the individual does not only have to deal with the physical effects of the negligent treatment but also the psychological impacts and financial impacts of the bad breast implant result.
We have represented women who have had their boob job gone wrong, as well as those who have suffered complications such as uneven nipples after breast implants, ruptured breasts and other complications. Our cosmetic surgery solicitors are here for you to listen to your story, make a free assessment of your claim to determine if you really have a strong ground for claims, give you the legal advice you need and support you throughout the process of making claims.
Therefore, if you feel that your breast implants went wrong due to the surgeon’s negligent treatment, then we encourage you to speak to us as soon as possible, especially as there is a limited time window to make a claim.
What Is Breast Augmentation Surgery?
Breast augmentation surgery also known as breast enlargement surgery is a cosmetic surgery carried out under local anesthesia and involves inserting an artificial implant behind the breast tissue or chest muscle behind the breast through a small incision made in the natural fold under the breast. The implant inserted then pushes the natural breast tissue forward to give the breast a larger and fuller appearance.
In an era where the desire to look better increases, many have opted to undergo one cosmetic surgery or the other in order to have a better body appearance. Women have several reasons for which they elect to go for breast enlargement surgery. For some, they are not satisfied with the size of their natural breasts and so decide to cosmetically enlarge it. For others however, a breast augmentation surgery might be more reconstructive than cosmetic especially following mastectomy after a breast cancer.
UK plastic surgery statistics for 2019 showed that breast augmentation surgeries were the most popular cosmetic procedures carried out that year as 6,900 breast augmentation surgeries were recorded. As the number of breast enlargement continues to rise, so does the number of negligence cases especially as the cosmetic surgery sector is not as strictly regulated as other fields of medicine. Most complications that arise after a breast augmentation surgery are mostly attributed to surgeries carried out by inexperienced and unlicensed plastic surgeons. This is why it is very important for women who elect to undergo this procedure to ensure that they choose experienced cosmetic surgeons to perform this procedure.
Therefore, if you have experienced complications during surgery or you have a bad breast implant result such as breast implant rupture after your surgery, you can reach out to us so that we can evaluate your situation and see if you have a basis for a claim. We have helped so many women over the years get the full amount of payout they deserve and we will leave no stone unturned in ensuring that you get the justice you seek.
Breast Augmentation Claims We Handle
Our expert cosmetic surgery negligence claims solicitors have the expertise to help you make the following breast augmentation claims;
- PIP Implant Claims
- Ruptured Breast Implant Claims
- Breast Implant Illness
- Breast Implants Went Wrong Claims
What Constitutes Medical Negligence In Breast Augmentation Surgery?
After breast augmentation surgery, you should expect a tight feeling around the chest area which should go away in a matter of weeks. You will also feel temporary bruising, swelling, and pain which is normal with the procedure.
That being said, there are various acts of negligence from your surgeon that can result in a boob job gone wrong. This includes negligence before the surgery where you were not warned of the risks of undergoing the procedure or lifestyle habits you should stop which could reduce the chances of having a successful surgery. Mistakes during the surgery itself such as anaesthesia errors, implant errors such as using inferior implants, unnecessary scarring, uneven breasts after the procedure are also grounds for making a claim. After surgery, infections as a result of poor monitoring or failure to give you adequate instructions to follow can also result in complications for which you can make a breast augmentation negligence claim.
The following complications can occur as a result of cosmetic surgery negligence;
- Sagging implant
- Breast implant rupture which can be as a result of weakening of the outer shell over time, use of inferior implant or other mistakes during the operation.
- Excessive swelling, lumpiness or tenderness in the breast
- Siliconomas as a result of silicone leakage into the breast
- Very obvious or thick scarring
- Nerve damage
- Complications with administration of anaesthesia
- Uneven nipples or abnormally shaped breasts
- Deflation of the breasts
- Persistent pain
- Excessive bleeding
- Inability to breastfeed or produce enough breast milk as it was before the surgery
- Contracture of the capsule where the scar tissue around the implant shrinks causing the breast tissue to feel hard.
PIP Implant News Update 2021
As of 2010, the use of PIP implants for breast augmentation was banned in the UK. The use of PIP implants for breast enlargement are now illegal and you can make PIP implant claims if you breast augmentation surgery after 2010 and your surgeon used PIP implants. PIP compensation amounts are not fixed but depend on the severity of the injury, damage caused by the injury, costs of a corrective surgery as well as other financial losses incurred.
These implants were banned after it was discovered that inferior silicone gel had been used to fraudulently manufacture these implants, which has seen them become more prone to rupture than other breast implants. Although some PIP implants do not actually put an individual at serious health risk, many have suffered serious complications because of it.
Currently, it is estimated that about 47,000 UK women have had PIP implants and while the majority of them were fitted in the private clinic, some of them were implanted in the NHS. PIP implants are about two to six times more likely to rupture than other implants used in breast augmentation.
The risks associated with PIP implants include;
- Lymph node enlargement in the armpit
- Burning sensation
- Pain and tenderness of the breast
- Change in the shape and appearance of the breast
- Swelling in and around the breast
If you had PIP implants fitted when you had your breast augmentation procedure and you have any of the above-mentioned symptoms, please get in touch with as at your earliest convenience for us to evaluate if you may have a PIP implant claim.
Why Should I Make A Breast Augmentation Compensation Claim?
Making a breast augmentation compensation claim will not only get you a deserving compensation for your suffering and trauma and to cover for financial expenses incurred as a result of the negligent treatment you received, more importantly it helps you obtain justice for the wrong done to you as well help you understand even more clearly what went wrong.
Unfortunately, making complaints alone may not get you the explanation you need about why you had to suffer breast augmentation complications. This is why making claims is important. Also, it is expected that when claims are made, medical professionals become more careful to avoid a repetition of the negligent action.
How Do I Make Breast Augmentation Compensation Claims?
To make breast augmentation claims, you need to establish that your surgeon provided you with substandard treatment and that is the reason why you are suffering.
Claims that border on cosmetic surgery may not be very easy to prove especially as most cosmetic surgeries are elective and you cannot just make claims because the surgery didn’t turn out exactly the way you hope. You should be able to demonstrate a clear case of medical negligence for you to make a claim.
You have to demonstrate that;
- Your surgeon owed you a duty of care
- Your surgeon failed to fulfill duty of care
- You have suffered injury and pain as a result of your surgeon’s negligence
Your medical negligence solicitor will require that you provide certain documents to prove your claim and these should include;
- Comprehensive statements of all that happened
- Medical records
- Evidence of financial losses incurred
Also, another specialist cosmetic surgeon will most likely be needed to give a second opinion if truly your surgeon was negligent after performing medical examinations on you. This is to prove if another surgeon would have the same thing as your surgeon did under the same circumstances.
We will help you make available these documents where you are unable to provide them or if you are finding it difficult to assess them. It is important for us to speed up the claims process so that you can put behind the unfortunate situation and move on with your life in the shortest possible time.
When making a medical negligence claim, generally, you will take the following processes.
- Speak to your cosmetic surgery negligence claims solicitor for a free legal advice and claim assessment
- Fund Your Claim
- Gather evidence to prove your claim
- Establish your surgeon’s liability
- Compensation Negotiations between both parties
- Payment of settlement payout
How Much For Breast Augmentation Claim Compensation?
No two medical negligence claims are exactly the same and for this reason, your breast augmentation settlement payout will vary. There are peculiarities with each claim and these play a role in determining the compensation amount. However, our medical negligence solicitors can give you an idea of what you can get as breast augmentation claim compensation using our medical negligence claim calculator.
The factors that influence the compensation amount you will receive are grouped as follows;
- General Damages which refers to compensation you will receive for factors type of injury you sustained, severity of the injury or harm done, physical and psychological damages caused by the injury.
- Special Damages on the other hand refers to compensation you will get for “out-of-pocket” expenses and other financial losses incurred as a result of the injury including loss of income and other earnings. Special damages will also include medical costs for further corrective treatment or surgery, future prognosis, costs of hiring caregivers, cost of therapies and accommodation adjustments where needed.
Our Expertise In Breast Augmentation Surgery Compensation Claims
Our medical negligence solicitors, experts in cosmetic surgery claims, have many years of experience in representing clients who have suffered from negligent breast enlargement surgery. We have an enviable record of securing hugely satisfying compensation amounts for several women over the years. We will provide you with the strong legal representation you need so that you can obtain justice and best possible compensation amounts for your suffering. We also do our very best to settle claims as soon as possible.
No Win No Fee Breast Augmentation Compensation Claims
At Medical Negligence Direct, we represent all our cosmetic negligence claims clients which includes breast enlargement claims under No Win No Fee policy (Conditional Fee Agreement). This medical negligence funding type allows you to make claims without any financial implications to you. You will not have to pay us any legal fees before commencement of your claims neither will you be expected to do so at any point, during the entire claims process. Even if your claim is not successful, we will not ask you to pay us a penny.
However, if your claim is successful, we will deduct a 25% success fee from your compensation amount.
Time Limit For Making Medical Negligence Claims
The Limitation Act of 1980 stipulates that you only have three years from the date of the negligent treatment or when you become aware of it to make your medical negligence claim.
There are exceptions to this rule and these are;
- When the victim is not up to 18years of age, the individual will be allowed until his or her 21st birthday to make a claim. The Limitation Act only comes into play when the individual comes of age legally.
- Also, in a situation where the victim is not capable of making claims because he or she is physically or mentally incapacitated, then the three-year limitation period can be waived until the individual is able to make claims.
However, a loved one can make claims for persons who fall in these two categories rather than continue waiting. It is important to make claims early enough when the facts can be easily remembered and documents easy to be assessed.
If you have any further questions at all concerning your breast augmentation claim, we are here for you. Please contact us by calling us on 0800 644 4240 you can complete our online Free Claim Assessment form.
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Frequently Asked Question about Breast Augmentation Claims
How Much Is Breast Augmentation Surgery?
Several factors will be considered while determining how much you will have to pay for your breast augmentation surgery. These include surgeon fees, anaesthesia to be used, type and cost of implants, number of days you will spend after surgery in the hospital, other post-operative care and as well as medications. The average cost of a breast augmentation surgery in the UK is between £6,000 and £10,000.
Can You Claim Breast Implants On Insurance?
Usually, insurance does not cover breast enlargement surgery. However, insurance will cover breast implants for women who have breast augmentation as a reconstructive surgery following mastectomy due to breast cancer. Your health insurance may not cover for further surgeries afterwards.
Also, where there is a significant degree of asymmetry in the breasts, an aesthetic breast procedure to correct it may be covered by insurance.
Can I Sue For Ruptured Implant?
Your implants shouldn’t rupture and so if your implants ruptured following a breast augmentation procedure and you have suffered psychologically and physically as a result, then may have strong grounds for a claim.
Can Breast Implant Last 30 years?
Health authorities have warned that the longer a person leaves the implants inside the breast, the greater the likelihood of complications. The lifespan of implants is not fixed. Although good breast implants can remain in good shape for up to 20 years, some women will need further surgery after 10years. This may be because of certain problems that have developed as a result of the implants. After 10 years of having breast implants, the chance that a rupture will happen increases by 1% after every year.