Steps to Take After Suspecting Negligence in Your Breast Surgery

by Mother Huddle Staff
Steps to Take After Suspecting Negligence in Your Breast Surgery

Breast augmentation surgery is a popular type of cosmetic surgery that alters the breasts to change some aspect of their appearance, such as the size, shape or droopiness. As it is an invasive procedure, there are many risks associated with undertaking breast augmentation, even if a surgeon has performed the surgery with diligence, using the correct methods and hygiene, something can still go wrong. However, if complications are a result of a surgeon’s lack of adherence to surgical standards, this is classed as negligence. 

This guide will explain the signs something has gone wrong after breast surgery, what a surgeon’s duty of care is and what action you can take.

What are the signs something has gone wrong?

After breast surgery, it’s not always easy to tell whether a complication is part of the normal healing process or the result of surgical negligence. While some issues can occur even when a surgeon has done everything correctly, others may indicate a lack of care or attention.

Potential signs that something has potentially gone wrong due to negligence include:

  • Inappropriate or unexpected scarring: if scarring is more extensive, raised or in a different location than what was discussed before surgery
  • Infection: particularly if it was not identified or properly managed during aftercare
  • Asymmetry: where breasts differ in size, shape or position more than expected
  • Symmastia: where implants have moved across the chest’s midline
  • Double bubble: a visible fold beneath the implant causing a two-crease appearance
  • Areola stretching: which may suggest an unsuitable technique such as not using a round block suture
  • Waterfall deformity: where the breast tissue has drooped below the implant
  • Persistent droopiness: which might indicate the wrong type of procedure was carried out

What are your surgeons’ legal obligations?

Your surgeon has a legal duty of care before, during and after surgery. Negligence occurs when these responsibilities are not upheld, putting your wellbeing at risk.

Their obligations include:

Before surgery:

  • Explaining all potential risks clearly
  • Giving you realistic expectations for results and scarring
  • Offering appropriate alternatives and confirming your suitability for surgery

During surgery:

  • Following safe and hygienic methods
  • Using suitable surgical techniques to achieve the agreed results

After surgery:

  • Monitoring healing and recognising complications early
  • Taking appropriate steps if issues like infection or implant shifting occur

Failing to meet any of these duties can be grounds for a claim.

What actions should you take?

If you believe something has gone wrong, taking the right steps early can support both your recovery and any future claim.

  • Document your symptoms: take photographs and keep records of physical changes
  • Request your medical records: this will help a solicitor assess the quality of your care
  • Speak to your surgeon: if possible, ask for a clear explanation of what has happened
  • Get a second opinion: another medical professional can help determine whether the outcome is within normal expectations
  • Seek legal advice: a solicitor can help you understand if you are eligible to pursue breast surgery compensation claims

How can you prove that your surgeon was negligent?

To bring a successful claim for breast surgery negligence, you must be able to demonstrate that your surgeon failed to meet their legal duty of care and that this failure directly caused you avoidable harm. This harm may be physical, emotional or financial, and proving it usually requires a combination of evidence that highlights both the breach and its impact.

The following can help support your claim:

  • Detailed medical records: these provide a timeline of the treatment you received, including what was discussed during consultations and what procedures were performed.
  • Photos of the outcome: clear images of physical results, such as unexpected scarring or breast asymmetry, can help illustrate the issues and support expert analysis.
  • Expert medical opinions: an independent professional can review your records and photographs to determine whether the care you received fell below the standard expected of a competent surgeon.
  • Records of your experience: keeping a written diary of symptoms, appointment details and communication with your surgeon can help build a clearer picture of how the situation developed and how it has affected your daily life.

Together, this evidence can help show that the problems you experienced were not just complications, but the result of substandard care.

What help is available?

If you have suffered harm due to breast surgery negligence, legal and medical support is available to help you work through what has happened and seek compensation.

  • Specialist solicitors: professionals with experience in handling cosmetic surgery negligence claims can review your case, gather the necessary evidence and guide you through the claims process.
  • Independent medical experts: these practitioners can assess your current condition, provide reports on how the surgery was performed and recommend any corrective treatment that may be needed.
  • Counselling services: if the experience has affected your mental or emotional wellbeing, a qualified counsellor can support you in processing the impact and rebuilding your confidence.
  • Support groups: connecting with others who have had similar experiences can provide reassurance, advice and a sense of solidarity during what may be a difficult time.

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