Breast Reduction Surgery Negligence Claims

By Joanne Jeffries. Last updated 10th January 2023. Welcome to this guide for those thinking of making breast reduction negligence claims. If you’re seeking breast surgery compensation, our medical negligence solicitors could help you make a No Win No Fee claim.

Breast augmentation is an increasingly popular choice that many women make both when they are quite young and as their life progresses, should they feel the size of their breasts is a ‘problem’. Reducing or increasing breast size is something many women say has a direct impact on their self-esteem. A normally safe and successful procedure, there are instances where surgery is botched, often leading to breast reduction surgery negligence claims.

breast reduction negligence claims breast surgery compensation medical negligence solicitors

Breast reduction surgery

A botched boob job zaps confidence and for this reason, women want to put it right. But they also want to make sure they claim the compensation they are entitled to and in so doing, improve processes and procedures for other women. Making a successful botched boob job claim depends on many factors from proving negligence and incompetence in having the right legal team on your side.

To understand what can sometimes be complex medical cases, if you are considering claiming compensation for a botched breast augmentation, you need the best cosmetic surgery solicitors. Hiring the right one can make a big difference not only to a successful outcome, but also to the actual award of compensation you receive.

How our medical negligence solicitors could help

Our panel of leading cosmetic surgery lawyers can help clients make a claim for botched surgery carried out in the UK. You can, of course, find out more now by calling the team on 0800 073 8801.

Or read on because this in this comprehensive guide, we cover everything you need to know about making a claim with the help of breast reduction solicitors, as well as how the team at Accident Claims can help.

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What is reduction surgery and why do people have it?

Not every woman is happy with the size and shape of their breast or breasts. Some women ‘live with it’ and live life regardless of their feelings, but others who feel they cannot do so opt for surgery. But breast reduction isn’t solely about ‘vanity’. In fact, the way we look and feel about ourselves often doesn’t come into the decision. Many women are offered breast reduction surgery on the NHS for medical reasons.

The availability of breast reduction surgery on the NHS depends on the eligibility criteria decided by the Local Commissioning Group (CCG). Not all CCGs fund breast reduction surgery and others will only do so if a patient fulfils their often detailed criteria. For example, if professionally fitted bras and other measures have not been successful, most women will fall into the ‘medical need’ category for breast reduction surgery.

If a woman regularly suffers from;

  • Backache
  • Shoulder or neck pain
  • Skin irritation
  • Rashes and skin infections under the breast
  • Grooves in the skin on the shoulders from wearing a bra
  • Psychological distress, low self-esteem or depression
  • Or an inability to take part in sports or activities

Then breast reduction surgery on the NHS may be a possibility.

If breast reduction surgery on the NHS is not possible, women may choose to opt for private breast reduction surgery.Cosmetic surgery has enjoyed an improving reputation in recent decades. Once seen as the preserve of the rich, famous and vain, the availability on some procedures on the NHS as well as affordable cosmetic surgery options privately, many people are taking the opportunity to physically alter what causes them issues, including breast reductions surgery and breast augmentation too.

Popular cosmetic surgery procedures in the UK

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Procedure Number of recorded procedures in the UK (2015) Change
Breast augmentation 9,652 + 12%
Eyelid surgery (blepharoplasty) 8,689 + 12%
Face / neck lift 7,419 + 16%
Breast reduction 6, 246 + 13%
Liposuction 5,551 + 20%
Rhinoplasty 4,205 + 14%
Fat transfer 3,261 + 3%
Abdominoplasty 2,933 + 8%
Browlift 2,110 + 7%
Octoplasty (ear correction) 1,074 + 14%

Statistics show surgical cosmetic procedures have increased by 12.6% from the previous year, with over 50,000 procedures performed, many of which were breast reduction surgeries and breast augmentation too.

What are the risks to breast reduction surgery patients?

ALL surgery comes with an element of risk and with breast reduction surgery. You need to be confident not only in understanding what these risks are but how you and your surgical team will take steps to avoid them.

The majority of plastic surgery negligence claims hinge on whether the risk was clearly explained or not, and what steps would be taken to reduce the likelihood of risk during and after breast reduction surgery.

Blood clots, fluid retention, very hard breasts and infections are all possible risks of breast reduction surgery, as well as issues that last long into the future.

For example, this kind of surgery can interfere with diagnostic procedures and there can be infections in both the breast and the nipple after surgery too. The ability to breastfeed after reduction surgery is limited and so if you plan on having children or are nursing a child, this is something that must be discussed.

Although breast reduction can be done at any age, it is best carried out when the breasts are fully developed. The effects of breast reduction will also be affected by fluctuations in weight too.

But if none of this was explained to you, how could you make the right decision for you and your health?

What should you do if your reduction surgery goes wrong?

We don’t like to think of surgery going wrong or the breast reduction surgery that many women have wanted for so long could be botched. But it can and has happened. If this has happened to you, the steps you take immediately following the surgery will help any breast reduction surgery claims you make.

Evidence that medical negligence solicitors might need

It is quite important you get together as much proof/evidence as you can for a breast reduction surgery on NHS or a private claim;

  • Information about the breast reduction operation– as quickly as you can, write down everything about the operation. The importance of doing this cannot be emphasised enough. The memory fades and so many months into making breast reduction surgery claims, many women find that they can’t remember some things about it.
  • Get a second opinion– even though you have recently come from surgery, you need to get a second opinion about the results of the breast reduction surgery, how it is affecting your health now and how the botched boob job could affect your health in the future. This is an important process in the breast reduction compensation claim process.
  • Photographs– providing proof of the injuries you’ve received as a result, take before and after photos of your breasts.
  • Proof of expenses– if you have paid for breast reduction surgery, this will be included as part of your claim but there may be other additional expenses too. From the lost wages to travel expenses, childcare costs, counselling costs and so on, all of these expenses can be included in your claim.

We could assess whether breast reduction negligence claims could be successful. If we think yours could, we could provide you with medical negligence solicitors to help you.

Time limits on breast reduction negligence claims

Compensation claims for medical negligence, including breast reduction surgery claims, must be made within the time limit of three years.

You have 36 months from the surgery date for your breast reduction from which to launch your claim. Within his timeframe, court proceedings have to be issued. In other words, calling us after three years will see your claim outside of this time limit. You must start your claim as soon as possible because this way, details will be clearer in everyone’s mind, it will be much quicker and easier to get together all the necessary evidence and so on.

If, however, you suffer some complications from your surgery that were diagnosed until much later, you have three years/36 months starting from your diagnosis date rather than from the date of the surgery.

What can you claim when your breast reduction goes wrong?

The team at Accident Claims will help you to determine what it is you can claim as part of breast reduction surgery negligence claims as will your cosmetic surgery lawyers.

In effect, the compensation claim is made up of;

  • General Damages– these cover aspects such as physical pain, reduction in the quality of life, mental pain and anguish as a result of the breast reduction surgery going wrong.
  • Medical Expenses– also known as special damages, this section of compensation takes into account expenses such as short and long-term medical expenses, as well as loss of income and your loss of earning potential if that has been affected.
  • Travel Costs– travelling to and from appointments as you try to deal with the damage from a botched breast reduction surgery, such as counselling or physiotherapy, can also be included in your compensation claim.
  • Care Claim– what can also be included in breast reduction surgery claims are any claims for money you may have paid for personal help, such as a healthcare assistant helping you to bathe and so on. It may also include help you have needed around the home too.
  • Loss of earnings– if you have been unable to work, your income may have been drastically reduced. You can claim for past lost earnings as well as potential future ones too if you have to make a career change or are unable to return to work.

What compensation will I see for breast reduction negligence claims?

These are just some of the compensation levels that could make up your final award for the injuries to you following a botched breast reduction surgery. There may be other compensation awards that can be added to your award.

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Type of Injury Typical Amount of Compensation (Bracket)
Psychological effect: severe Up to £108,620
Psychological effect: moderate Up to £51,460
Psychological effect: slight Up to £5,500
Post-Traumatic Stress From £3,710 to £94,470 depending on the severity
Chronic pain From £35,930 to £59,110 depending on the severity

Your team of cosmetic surgery solicitors and legal team will be able to provide you with details specific to your case.

What could be included is awards for the psychological effect on your, post-traumatic stress, chronic pain as well as scarring. Don’t forget, a medical assessment will help determine the severity of the issues that you are dealing with now and how they may affect you in the future too.

Making claims for breast reduction surgery No Win No Fee

Medical negligence solicitors could have a significant impact upon your chance of successfully claiming compensation. Not only that, but they could fight for the maximum compensation possible. If you’re thinking of using a solicitor to help you claim breast surgery compensation, you might worry about how much it could cost.

What might surprise you is that you could claim without any upfront payment, when your solicitor works on a No Win No Fee basis. You would not even have to pay any legal fees while your claim was in progress.

How do No Win No Fee medical negligence solicitors work?

To make a No Win No Fee claim, you’d have to sign a Conditional Fee Agreement which your medical negligence solicitors would send you. Signing it would mean you’d agree to pay them a success fee, which is usually a percentage of your settlement, out of your payout when it comes through. Success fees are capped at 25% so you would know the majority of your settlement would be for your benefit.

Once your chosen solicitor had achieved a payout for you, they would simply deduct this fee from your payout.

Should your claim fail for some reason, No Win No Fee medical negligence solicitors wouldn’t ask for the success fee, or for you to cover their costs.

If you would like to speak to the team about No Win No Fee claims, we would be happy to answer your questions.

What are the benefits of Accident Claims for breast reduction surgery claimants?

There are many reasons why people choose to work with Accident Claims to make their medical negligence compensation claims;

  • Specialists– the no win, no fee cosmetic surgery lawyers we work with are some of the best within this highly complex field of compensation claims. By having the best work on your claim, you get the best outcome for you.
  • No win, no fee– we only work with lawyers and solicitors who truly offer their services on a no win, no fee basis, with no hidden costs or extra fees added at any stage.
  • Trusted– we understand the trauma that some of our clients have been through. Breast reduction surgery negligence claims are sensitive cases, with intimate, personal details being shared. You can trust us to offer the professional service that you need at this time.
  • Every step of the way– by their nature, breast reduction surgery negligence claims and othermedical negligence claims are complex and that means they can take months, sometimes years, to resolve fully. We are with you every step of the way.

What your solicitor will do to help in breast reduction surgery negligence claims

We are of the opinion that letting a personal injury solicitor represent you will make the claims process much easier. It could also improve the level of compensation you’ll be paid in a successful claim. Importantly, your solicitor will shield you from the defendant’s lawyers during the claim too which means you won’t be bamboozled by technical legal jargon.

How our medical negligence solicitors work

In breast reduction surgery claims that we take on, our solicitors will:

  • Listen to what happened and how it has caused you to suffer so that they know exactly how you’ve been affected.
  • Gather medical evidence to support your claim.
  • Make a local appointment for a specialist to assess your injuries and your suffering.
  • File the claim.
  • Try to deal with any objections by providing prompt responses and further evidence.
  • Aim to achieve the highest level of compensation possible in your case.

All of this is provided on a No Win No Fee basis so you won’t need to be worried about losing money in solicitor’s fees. You’ll be kept up to date as the case progresses and you can contact your solicitor to ask questions throughout the case.

Want to know more about breast reduction surgery negligence claims? If so, please call today.

Contact Accident Claims UK for more information or start your claim today

We understand that the decision to make a medical negligence claim for a failed breast reduction surgery is one that entails a lot of research and information gathering on your part. You also want to think about what is best for you and how you want to proceed.

That’s why when you contact the friendly team at Accident Claims, there is no obligation to continue with your claim. We also understand that you may want specific legal advice from a cosmetic surgery solicitor and we can provide that too.

Whether you want more information, to discuss your possible breast reductions surgery compensation claim or to start your claim, contact the team at Accident Claims today;

Links and Further Information On Breast Surgery Compensation And Medical Negligence Solicitors

For more information on cosmetic surgery claims, breast reduction surgery negligence claims and other medical negligence issues, take a look at;

Breast reduction surgery on the NHS – Look up whether you’d be an NHS candidate

What to do if breast surgery goes wrong – If you’ve had botched surgery, this link might be of interest

Other Useful Compensation Guides

Check our our other guides on medical negligence below:

Thanks for reading our guide on breast reduction surgery negligence claims.