How Do You Make A Breast Implant Compensation Claim?
This guide looks at how to seek breast implant compensation as part of a medical negligence claim. We explain what it means for a medical professional to owe you a duty of care and when it is possible to make a negligent breast surgery claim if that duty is breached and you suffer avoidable harm as a result.
As the guide progresses, we outline some examples of a medical professional, such as a surgeon or nurse, failing to provide the correct standard of care. Evidence is required to highlight a breach of care and the avoidable harm it caused, so we also cover what sort of proof you should collect to support your breast surgery compensation claim.
We also outline a medical negligence claim payout can compensate for after you have experienced negligent care that led to avoidable harm. Finally, we note the benefits of having an expert solicitor from our panel working on your case on a No Win No Fee basis.
Ask about the claims process and see if you could seek compensation for a breast implant error with a free assessment when you contact us. To reach us, all you need to do is either:
- Call 020 3870 4868.
- Ask about your possible claim online and arrange a call.
- Talk to an advisor in the live chat pop-up below.
Learn How To Claim For Breast Implant Compensation
Select A Section
- How Do You Make A Breast Implant Compensation Claim?
- Examples Of Negligent Breast Surgery Involving Implants
- How Do You Prove Your Breast Implant Compensation Claim?
- What Could You Claim For Breast Surgery Negligence?
- Make Your No Win No Fee Surgical Medical Negligence Claim
- Discover More About Claiming Breast Surgery Compensation
How Do You Make A Breast Implant Compensation Claim?
As a patient, you are owed a duty of care by any medical professional who agrees to treat you, such as your surgeon. This duty means they need to provide the correct standard of care.
If, when performing a breast implant procedure, or another surgical procedure, your surgeon provides you with a substandard care and this leads to you suffering avoidable harm, this may constitute medical negligence.
A medical negligence claim for breast implant compensation could be possible if:
- A medical professional owed you a duty of care.
- The care they provided failed to meet the correct standard, breaching their duty.
- The breach caused you to suffer avoidable or unnecessary harm.
How Long Do You Have To Claim For The Impact Of Negligent Breast Implants?
Generally, you have three years to start a medical negligence claim. While this may be three years from the medical negligence occurring, it could also be from the time it becomes known that your avoidable harm resulted from a breach of duty by a medical professional.
The Limitation Act 1980 sets out this time limit, but some exceptions could affect the time someone has to submit their claim. For example, the time limit may differ for those under the age of 18 or if the party lacks the mental capacity to claim for themselves.
You can find out whether you have a valid breast implant compensation claim, and how long you have to get started, by calling the number above. They can also provide further insight into breast surgery compensation claims.
Examples Of Negligent Breast Surgery Involving Implants
The following examples illustrate how a medical professional could potentially breach their duty of care during or after breast implant surgery.
- During a breast augmentation surgery or breast enlargement surgery, the surgeon cuts too deeply leaving soft tissue damage, scar tissue, and severe scarring on the chest.
- The breast implants are faulty but a surgeon fails to check them before performing the surgery. As a result, they rupture leading to the patient suffering an infection. This leads to them suffering complications from the infection and they need corrective surgery to remove the ruptured implants.
- A surgeon operates on the wrong breast after failing to check the patient’s notes and following pre-surgical procedures. The cosmetic effect this causes leads to the patient suffering distress and psychological damage. Additionally, they need further surgery to operate on the correct breast resulting in unnecessary surgery,
In order to have a valid breast implant compensation claim, you must prove that medical professional breaching their duty of care led to avoidable harm. As such, it may not always be possible to claim following cosmetic surgery in which you suffered complications.
To discuss your potential surgical negligence claim, please contact us using the number above.
How Do You Prove Your Breast Implant Compensation Claim?
If you want to claim for breast implant negligence after an operation gone wrong, you must prove firstly that a medical professional breached their duty of care. You also need to show you suffered avoidable harm and impact this has had on you, so presenting relevant evidence is vital. This could include:
- A record of who treated you.
- Medical records, such as treatment plans and post-surgical reports.
- Witness contact information, such as from those who attended appointments with you.
- The results of an independent medical assessment, which could be arranged on your behalf during the claim. This can produce a report detailing the extent that the clinical negligence had on you.
There is also the Bolam Test, where medical professionals with training in the relevant field assess your care to provide a statement on whether it met the correct standard. If the test is needed, you do not need to arrange it yourself.
A solicitor from our panel could help you put together your evidence for a case, if instructed to do so. You can learn more about the expert guidance a solicitor could provide by calling the number above. Please also call if you have questions about proving medical negligence and how to do so.
What Could You Claim For Breast Surgery Negligence?
Breast implant compensation could account for the different impacts caused by medical negligence.
General damages compensate for physical and mental impacts caused by medical negligence. Those calculating general damages might refer to guideline compensation brackets found in a document called the Judicial College Guidelines (JCG).
Compensation Table
This table features compensation figures taken from JCG. However, the top entry does not appear in the JCG. The value assigned to different types of harm depends on numerous factors, so this table can only be used as a guide.
| INJURY | SEVERITY | COMPENSATION GUIDELINES | NOTES |
|---|---|---|---|
| Multiple Serious Types Of Harm and Financial Losses | Serious | Up to £250,000+ | A payout comprising compensation for the different mental and physical impacts caused by the medical negligence and for the financial losses incurred, such as loss of earnings, domestic care expenses, and medical bills. |
| Chest | Traumatic Chest Injury (b) | £65,740 to £100,670 | Resulting in permanent damage, impaired function, physical disability and reduced life expectancy. |
| Damage to Chest and Lungs (c) | £31,310 to £54,830 | The injury causes continuing disability. | |
| Relatively Simple Injury (d) | £12,590 to £17,960 | For example, a single penetrating wound. This causes permanent tissue damage. | |
| Psychiatric Damage | Moderately Severe | £19,070 to £54,830 | Significant problems but a better prognosis than for more severe cases. |
| Post-Traumatic Stress | Moderate | £8,180 to £23,150 | The person has made a significant recovery and any ongoing issues won’t be majorly disabling. |
| Scarring to Other Parts of the Body | A Number of Noticeable Laceration Scars Or One Single Disfiguring Scar | £7,830 to £22,730 | Affecting the chest. |
Compensation For Financial Losses
A settlement featuring general damages could also contain special damages which awards compensation for the financial impact of clinical negligence.
This could include:
- Medical costs, including corrective procedures and prescription fees.
- Travel expenses.
- A loss of earnings if you miss work.
You should keep receipts, payslips or any other documents that could work as evidence of any costs in a cosmetic surgery claim. If you have any questions about breast implant compensation claims, please give us a call and an advisor can help.
Make Your No Win No Fee Surgical Medical Negligence Claim
There is a way to get legal support and guidance for a breast implant compensation claim without paying an upfront charge.
If a medical negligence solicitor from our expert panel takes on your case, they could offer a Conditional Fee Agreement. This is a form of No Win No Fee agreement that means no payment is required for the solicitor’s service before or during the claim. Losing the case would also mean no fee for the solicitor’s work.
If you win, a percentage of the compensation you receive goes to the solicitor as their success fee. This percentage is capped legally due to The Conditional Fee Agreements Order 2013 ensuring you keep the most of your compensation.
Get In Touch Today
Give us a call today and you could benefit from the free consultation provided by our advisors. As well as answering your questions about breast implant compensation claims, they can evaluate your potential case. If you have valid grounds to start action against a surgeon for negligent care, you could be connected to one of our panel’s solicitors.
For more information about medical negligence claims, you can get in touch by:
- Calling 020 3870 4868.
- Asking about your possible claim online.
- Using the live chat feature on this page to talk to us.
Discover More About Claiming Breast Surgery Compensation
Here are some further guides from our collection:
- Information on cosmetic injury claims and how to seek compensation.
- If a doctor failed to send you for a mammogram assessment due to a breach of duty, this guide explains when a claim is possible.
- A broader look at what could be classed as medical negligence and how a solicitor could help pursue a claim.
These resources also carry some useful information:
- Details on good medical practice for doctors from the General Medical Council.
- The Royal College of Nursing’s overview of the duty of care for nurses.
- The NHS Constitution for England, which outlines the NHS’s principles and values.
Thank you for reading our guide to breast implant compensation and how to make a medical negligence claim. For more support, please call the above number any time.
