When Breast Surgery Goes Wrong: What You Can Do

Steps to Take After Suspecting Negligence in Your Breast Surgery

Breast surgery is a common form of plastic surgery that specifically changes the appearance of the breasts.

It is an invasive type of surgical procedure that comes with many risks, and as such, undergoing breast surgery is a significant decision for anyone to make that shouldn’t be taken lightly.

For those who opt to do it, many are happy with the results, however, there will always be some who experience complications.

Some of these issues are simply a case of expected potential outcomes, although some are due to the surgeon’s failure to follow their expected duty of care.  

This guide will help you understand what is classed as breast surgery negligence, what action you can take and how a solicitor specialising in breast surgery compensation claims could help.

Understanding breast surgery negligence

Breast surgery negligence occurs when a cosmetic surgeon fails to meet the professional standards expected of them, leading to outcomes that could have been avoided with appropriate care.

This may involve errors in the surgical procedure itself, poor pre-operative assessment or inadequate aftercare.

While breast surgery carries some risks by nature, certain results can point to negligent treatment, particularly if the surgeon did not properly explain risks, failed to act on warning signs of complications or performed the procedure in a way that fell below the standards of their profession.

Are cosmetic surgeons regulated?

Cosmetic surgeons in the UK are regulated.

All practising surgeons must be registered with the General Medical Council (GMC), and those who perform cosmetic procedures should follow the guidelines set out by the Royal College of Surgeons.

Private clinics are also subject to inspection and regulation by the Care Quality Commission (CQC).

However, regulation alone does not always prevent mistakes.

If a surgeon acts outside their professional responsibilities or fails to provide appropriate care, they may be held accountable for negligence.

What are plastic surgeons’ duty of care to their patients?

Plastic surgeons must maintain a clear duty of care to every patient.

Before surgery, this includes assessing whether a patient is suitable for the procedure, explaining all possible risks, setting realistic expectations about outcomes such as scarring, and discussing alternatives.

During surgery, the surgeon must use accepted methods, maintain a sterile environment, and perform the procedure to a professional standard.

After the operation, they must monitor healing, identify early signs of complications like infection or implant shifting and provide or escalate aftercare as needed.

Failing in any of these areas could be considered a breach of duty.

What complications could be because of negligence?

Certain outcomes may suggest a surgeon did not meet their duty of care. These include:

• Inappropriate or unexpected scarring, especially where the size or placement was not explained beforehand.
• Symmastia, where implants cross the midline, indicating possible surgical error.
• Persistent droopiness, which may suggest the wrong surgery type was performed.
• Double bubble deformity, where the implant sits below the natural crease and creates an additional fold.
• Areola stretching, potentially due to poor surgical planning.
• Waterfall deformity, where the breast tissue sags below the implant, possibly from improper placement.
• Breast asymmetry, in shape, size or areola position, may indicate poor planning or surgical technique.
• Infection, where signs were missed or aftercare was insufficient to prevent complications worsening.

What should you do if your surgeon was negligent?

If you suspect your cosmetic surgeon acted negligently, there are steps you can take to protect your health and start a potential claim.

Seek medical advice

Your first priority should be your health. Seek a medical opinion from a qualified practitioner who can assess your condition and treat any complications.

This can also help confirm whether your symptoms are likely due to negligent care or a known risk of surgery.

Collate evidence

Gathering evidence is an important part of building a strong case if you believe your surgeon acted negligently.

The more detail you can provide, the clearer the picture will be of how the surgery was planned, carried out and followed up.

The types of evidence you may want to collect include:

• Pre-surgery documentation: consent forms, consultation notes and any written information provided about the procedure, including risks and expected results.
• Written communication: emails, letters or messages between you and the clinic or surgeon discussing the procedure, risks, aftercare advice, or any concerns raised.
• Photographic evidence: before-and-after photos that clearly show the results of your surgery and any visible complications or deformities.
• Medical records: hospital or clinic records, GP notes and any reports from follow-up assessments or emergency visits related to the surgery.
• Receipts and invoices: financial records showing payment for the procedure, aftercare or any corrective treatment you have had to undergo.
• Personal diary: a written record of your symptoms, pain levels, emotional impact, missed work, follow-up appointments, and any other effects on your day-to-day life.

Raise concerns to your surgeon

It may help to speak with your surgeon or clinic directly.

They may offer an explanation, provide corrective surgery or supply medical records.

However, if the outcome is unsatisfactory, or if you do not feel comfortable approaching them, you are under no obligation to do this before seeking legal advice.

Consult a solicitor

If you believe the outcome of your breast surgery was the result of negligence, speaking to a specialist solicitor is an important next step.

A solicitor experienced in plastic surgery negligence will understand the legal and medical standards involved in these cases and can help determine whether your experience qualifies for a compensation claim.

A solicitor can support you in several ways:

• Assessing your case: they will review your medical records, photographs, correspondence, and any other evidence to evaluate whether a breach of duty occurred and if it resulted in harm.
• Advising on next steps: based on their assessment, they can explain your legal rights, the potential for a successful claim and the process involved.
• Collecting further evidence: they may help you obtain independent medical opinions, gather expert testimony, and organise additional documentation to support your claim.
• Handling communication: your solicitor can deal directly with the clinic or surgeon’s legal representatives and insurers, reducing stress and avoiding direct confrontation.
• Pursuing compensation: if appropriate, they will make a formal claim for compensation, aiming to cover the cost of corrective surgery, psychological harm, loss of earnings, and other related expenses.
• Providing representation: if the case cannot be settled outside court, your solicitor can represent you in legal proceedings and argue your case before a judge.

If a plastic surgeon has failed to meet their duty of care and you’ve suffered as a result, following the steps outlined above could help you recover compensation for the harm and financial impact you’ve experienced.

It may also contribute to holding the surgeon accountable, potentially preventing similar outcomes for future patients.