Common Signs of Breast Surgery Negligence

Breast surgery, whether performed for cosmetic enhancement, reconstruction or medical treatment, requires careful planning and a high standard of surgical skill. While some complications are part of the natural healing process, others may result from avoidable errors. Mistakes during surgery, improper implant placement, or inadequate post-operative care can all lead to unnecessary pain, disfigurement and the need for corrective procedures. Understanding the difference between an expected complication and medical negligence can help you determine whether you have grounds for a breast surgery compensation claim.

Negligence occurs when a surgeon or medical professional fails to meet the standard of care expected within their profession. This could be due to poor surgical technique, inadequate preparation, failure to identify risks, or substandard post-operative support. If the outcome of your surgery has left you with lasting complications beyond what was anticipated, you may have legal grounds to pursue a claim.

Signs that may indicate negligence

Not every issue following breast surgery is due to malpractice, but certain complications may suggest avoidable mistakes. The following signs could indicate that errors occurred during or after your procedure:

• Unexplained asymmetry: minor variations between breasts can occur naturally, but a noticeable imbalance that was not expected or part of the planned outcome may suggest improper implant placement, poor tissue removal or a lack of precision during surgery.
• Inappropriate scarring: some scarring is inevitable, but scarring that differs from what was communicated by the surgeon prior to surgery may indicate improper wound closure, excessive tissue damage or inadequate post-surgical care.
• Severe post-operative infection: infections are a recognised risk of surgery, but if they occur due to unsterile conditions, failure to administer antibiotics, or poor post-operative wound management, this may suggest negligence. Serious infections can lead to long-term damage, requiring further medical intervention.
• Symmastia: when one or both breast implants cross over the mid-line they give a single or double-mound appearance.
• Persistent droopiness: this might suggest that the wrong type of surgery was performed
• Double-bubble or waterfall deformity: could suggest errors during planning or performance of surgery.
• Areola stretching: postoperative areola stretch may suggest failure to consider or use a suitable round block suture.
• Asymmetry: for example, in the size or shape of the breasts, height of the implants, or the height or size of the areolae may indicate negligent surgical planning or performance.

If you experience any of these complications, it may be worth investigating further to determine whether negligence played a role in your outcome.

When to seek medical advice

If you suspect something is wrong after your surgery, seeking medical advice is an essential first step. A second opinion from an independent specialist can help determine:

• Whether your symptoms fall within the normal healing process or suggest medical negligence.
• Whether additional treatment, medication, or corrective surgery is required.
• The likelihood that your complications were caused by surgical errors or substandard care.

A medical report from a specialist can serve as valuable evidence if you decide to pursue a breast surgery compensation claim.

Collecting evidence

If you believe negligence was a factor in your surgery outcome, gathering evidence will help strengthen your case. Useful documentation includes:

• Medical records: request copies of your pre-operative consultations, surgical reports, consent forms, and post-operative care instructions to identify any potential failures in your treatment.
• Photographs: take clear before-and-after images of your breasts to document any unexpected results, such as asymmetry, excessive scarring, or implant displacement.
• Correspondence with your surgeon or clinic: save any emails, messages, or written communications that discuss your concerns, particularly if they include reassurances, dismissals, or admissions of mistakes.
• Records of financial loss: if you have needed additional treatment, corrective surgery, or time off work due to complications, keeping receipts and records of these costs can support your compensation claim.

The more evidence you have, the clearer your case will be if you decide to take legal action.

Discussing concerns with your surgeon

If you are unhappy with the results of your surgery, you may wish to raise your concerns with your surgeon or the clinic where the procedure was performed. In some cases, they may acknowledge the issue and offer solutions such as:

• A full review of your case to determine what went wrong.
• A corrective procedure at no additional cost.
• A formal apology or financial settlement.

However, if your concerns are dismissed, or if you feel the response is inadequate, you may need to escalate the matter further.

Seeking legal advice

If you believe negligence has played a role in your surgery outcome, consulting a solicitor specialising in breast surgery compensation claims is a logical next step. A legal expert can:

• Assess the strength of your case based on your medical records and evidence.
• Arrange for an independent medical expert to provide an opinion on whether negligence occurred.
• Advise on the claims process, your chances of securing compensation, and potential settlement options.

Compensation can help cover:

• The cost of corrective surgery or medical treatment.
• Psychological distress and emotional trauma caused by the experience.
• Loss of earnings if you have had to take time off work due to complications.

Medical negligence claims in the UK must generally be filed within three years from the date of the surgery or from when you first became aware of negligence. Exceptions include:

Taking the next steps

If you are experiencing complications that you believe may have resulted from negligence, taking action can help you work through the situation and protect your rights. Seeking medical advice will provide clarity on whether further treatment is necessary, while gathering evidence can help determine whether a legal claim is possible. Consulting a solicitor with experience in breast surgery compensation claims can provide guidance on the best way to proceed. Compensation may help cover corrective procedures, medical expenses, and any financial losses incurred due to complications.

If you are unsure about your next steps, speaking to a medical negligence expert can help you determine whether legal action is appropriate.