By Jo Anderson. Last Updated 6th February 2024. In this guide, we look at breast implant negligence claims. If you are claiming medical negligence compensation because of complications from breast augmentation surgery, you must be able to demonstrate that you satisfy the claiming eligibility criteria. We explain what this is and what evidence you could gather to support your case.
Additionally, you may like to know how settlements are awarded in medical negligence claims. We look at how breast implant compensation could be calculated and the different heads of loss that could form your settlement.
If you have valid grounds to claim compensation for negligent breast augmentation surgery, you may like to do so with the support of a solicitor. This guide concludes with a look at how one of our solicitors may be able to provide you with legal representation on a No Win No Fee basis.
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Select a Section:
- Can I Make A Faulty Breast Implants Compensation Claim?
- How Could Breast Implant Negligence Affect You?
- Gathering Evidence To Support Breast Implant Negligence Claims
- Breast Implants Compensation Amounts
- Making Breast Implant Negligence Claims With One Of Our No Win No Fee Solicitors
- Learn More About Medical Negligence Claims
When undergoing surgery, including that for breast implants, you are owed a duty of care by the medical professionals performing your procedure.
All medical professionals owe their patients a duty of care. Per their duty, they must provide you with the minimum standard of care when treating you. If the care that they provide were to drop below this standard, this could cause you to suffer harm that could have been otherwise avoided.
To be able to make a breast implant compensation claim, you must be able to meet the medical negligence claims eligibility criteria. This is:
- You were owed a duty of care by a medical professional, such as a surgeon.
- They breached this duty of care.
- As a result of this breach, you suffered harm that was unnecessary or could have been avoided.
To see whether you may have an eligible medical negligence claim for faulty breast implants, you can contact a member of our advisory team.
Breast Implant Negligence Claims – Time Limits
The Limitation Act 1980 sets a time limit to when a person can start a clinical negligence claim. This is usually three years from the date on which the act of negligence occurred, which could be the date you received your faulty breast implants.
You could also use the date of knowledge as the start of your three years to claim. This is the date that you become aware or would be expected to be aware, that you were harmed as a result of negligence. If your faulty breast implants burst and caused harm more than 3 years after you had them put in, you may still potentially be able to claim.
You can reach out to a member of our team for more information about your time limit or to make any enquiries about faulty breast implant claims.
There are various complications that could arise due to breast augmentation surgery. However, as with all medical negligence claims, you must be able to prove that the harm you suffered was avoidable and caused by a breach of the duty of care.
Some of the ways breast surgery negligence could impact you include:
- Hospital infection if appropriate aftercare isn’t carried out.
- Implant ruptures. According to the NHS, a ruptured implant can cause small lumps that appear in breast scans.
- Obvious scarring and permanent scars. Additionally, in rare cases, a small number of people may develop breast implant-associated anaplastic large cell lymphoma (BIA-ALCL) in the scar tissue surrounding their breast implants.
- The scar tissue shrinking around the implant, causing it to feel hard.
- Creases or folds in the implant, or it rotating inside the breast. Any of these could cause an abnormal shape.
- Nerve damage, particularly to the nipples.
- Bleeding and blood clots.
- An allergic reaction to the materials used during or after the surgery.
You may need to have your implants removed. Additionally, the NHS states that some women have reported other symptoms, including tiredness, anxiety and joint pain following breast augmentation surgery.
If you would like to discuss breast augmentation claims and the symptoms you suffered following negligent treatment, please contact a member of our advisory team.
If you’re eligible to make a medical negligence claim for a botched breast surgery, you will need evidence to support your case.
While the evidence you can access may vary, depending on the circumstances of your case, the following might be useful:
- Your medical notes – these could show the treatment you’ve received, as well as provide evidence that you’ve had problems post-surgery.
- Any correspondence with the medical professionals advising/treating you.
- Copies of scans, X-rays or other tests you’ve had because of the surgery.
- Witness details – if anyone has witnessed your treatment or suffering, they could be approached for a statement.
- Evidence of costs – If you’ve incurred expenses because of your botched breast surgery, you could provide evidence of these costs to support a claim for special damages.
To learn more about the evidence used in successful breast implant claims or to check your eligibility to claim, please contact our advisors. They would be happy to assist you.
If you’re seeking faulty breast implant compensation because you’ve suffered harm from your breast implants, you might wonder how much you’d receive in compensation. Below, you can see a table with some guideline figures from the Judicial College Guidelines. This publication is something that legal professionals could use when assessing claims in England and Wales. It provides guidance on general damages payouts for a range of injuries.
|Injury or Loss
|Multiple serious forms of harm with financial losses.
|Multiple serious forms of harm which cause loss of income and other financial expenses such as medical and travel costs.
|Up to £250,000+
|A traumatic injury to the chest, heart or lungs, causing impaired function, permanent damage and a physical disability.
|£65,740 to £100,670
|Some continuing disability due to damage tot he lungs and chest.
|£31,310 to £54,830
|A simple injury to the chest causing some damage to the tissue but the lung function suffers no long-term significant effects.
|£12,590 to £17,960
|Psychiatric damage (moderately severe)
|The person will have suffered with significant issues relating to their working and social life. However, there will be an optimistic prognosis.
|£19,070 to £54,830
|Psychiatric damage (moderate)
|The person will have suffered with various types of issues, but significant improvements will have been made.
|£5,860 to £19,070
|Scarring to other parts of the body
|A noticeable disfiguring scar to the chest.
|£7,830 to £22,730
However, these are only rough guides. This is because all breast implant claims are assessed on their own unique circumstances and facts. The level of severity of the injury would be assessed. So too, would the impact on the claimant’s enjoyment of usual daily life. No two claimants are precisely the same, and even the same type of injury could affect two people completely differently. One claimant might have their ability to play their usual sports impacted, whereas another might suffer severe psychological damage, for example. Your settlement for a successful faulty breast implant compensation claim would, therefore, be unique to your case.
Can I Claim Special Damages For Breast Implant Negligence?
If you are eligible to claim breast implant compensation, your compensation could contain up to two heads of claim. The first, as we mentioned above, is general damages. But a breast implant negligence payout could include special damages. This is a head of claim that compensates you for costs and losses incurred due to your injuries.
Special damages could include, but are not limited to:
- Medical expenses – such as prescription costs.
- Travel expenses – for example, to cover the costs of travelling to hospital appointments.
- Care costs – for example, if you were unable to care for yourself at home following your injuries.
- Loss of earnings – for example, if you are unable to work because of your injuries, and this leads to a loss of income.
In order to claim under this heading, you will need to provide evidence. Evidence that could help with this could include receipts, payslips and bank statements, for example.
For more information on what your compensation could be made up of, contact our team of advisors today.
If you’re eligible to make a medical negligence claim for implant compensation, you may wish to work with a solicitor on your case. Having a legal professional on your side could lessen the stress of claiming. They could help gather evidence to support your claim and could negotiate compensation on your behalf.
One of our solicitors could offer to take on your claim under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement. Solicitors who can take on breast accident claims under a CFA will typically not require any upfront payment to work on your claim. They will also not ask for any ongoing service fees. Furthermore, should your claim be unsuccessful, you will not be required to pay them for their services.
Instead, they would deduct a legally capped percentage of your total payout as a success fee if your breast implant compensation claim is successful.
To determine whether one of our No Win No Fee solicitors could assist you with your medical negligence claim, please contact an advisor.
You can reach an advisor via:
Below, you can find more information on medical negligence claims:
- Head here for more questions and answers on medical negligence
- This guide’s all about breast reduction negligence
- Head here to learn about claiming compensation for unnecessary surgery
Thank you for reading our guide to faulty breast implant compensation claims.