Breast surgery is a widely chosen procedure for various reasons, ranging from enhancing appearance to medical needs like reconstructive surgery post-mastectomy. While most procedures go smoothly, complications can occur, sometimes due to surgical negligence. Recognising the signs of negligence and knowing the appropriate steps to take can help you achieve an optimal outcome for your health and surgery outcome.
What is breast surgery?
Breast surgery encompasses a range of procedures aimed at altering the shape, size, or appearance of the breasts. Common types include breast augmentation (using implants), breast reduction, and breast uplift (mastopexy). Some individuals opt for these surgeries for cosmetic reasons, while others may require them for medical or reconstructive purposes. Although many surgeries are successful, complications such as infection, implant rupture, asymmetry, and excessive scarring can occur. In some cases, these issues might result from surgical negligence, making it essential for patients to be vigilant and informed.
Are there steps you can take to minimise risks of breast surgery?
Before undergoing breast surgery, there are several measures you can take to minimise risks:
- Research your surgeon: verify their qualifications, experience, and reputation. Look for reviews from previous patients and check if they are registered with the General Medical Council (GMC).
- Understand the procedure: make sure you clearly understand what the surgery entails, including potential risks and outcomes. A reputable surgeon should provide comprehensive information and answer any queries.
- Health assessment: ensure that you are in good health before the procedure. Discuss any pre-existing conditions with your surgeon, as they may increase the risk of complications.
- Follow pre- and post-operative instructions: adhering to your surgeon’s guidelines before and after surgery can significantly reduce the risk of complications.
Taking these precautions doesn’t eliminate the risk entirely, but it does help reduce the likelihood of complications due to factors within your control.
How do you know if your surgery went wrong?
After breast surgery, it is normal to experience some discomfort, bruising, and swelling. However, certain signs may indicate that something has gone wrong:
- Severe pain or swelling: pain that is disproportionate to what was explained by your surgeon, especially if accompanied by significant swelling or redness, could indicate an infection.
- Implant issues: visible deformities, rippling, or a noticeable change in the position of the implants can be a sign of implant displacement or rupture.
- Wound healing problems: persistent redness, oozing, or an open wound that doesn’t heal properly may signal complications.
- Nipple sensitivity changes: while some changes in nipple sensitivity are common post-surgery, a complete loss of sensation or extreme pain may suggest nerve damage.
- Asymmetry: if your breasts appear uneven or significantly different from what was expected, it could indicate an issue with the procedure.
If you notice any of these symptoms, seeking medical advice promptly is important to determine the cause and necessary action.
How do you know if your surgeon was negligent?
Determining negligence involves proving that the care provided fell below the standard expected of a competent surgeon. Some signs that your surgeon may have been negligent include:
- Inadequate preoperative consultation: if your surgeon did not thoroughly discuss the risks, benefits, and alternatives of the procedure, this could be considered a breach of duty.
- Lack of consent: failure to obtain informed consent, meaning you were not made fully aware of the potential risks and outcomes, could indicate negligence.
- Postoperative care issues: negligence can also occur if there was a lack of proper aftercare or if your surgeon dismissed your concerns post-surgery without appropriate investigation or treatment.
- Surgical errors: mistakes during surgery, such as implant placement errors, inappropriately sized implants, inappropriate scarring or inadequate tissue removal, can be signs of negligence.
- Infections and complications: while not all infections or complications are due to negligence, if these are a result of unsterile conditions or improper surgical technique, they may be grounds for a claim.
What can you do if your surgeon was negligent?
If you believe your breast surgery complications were due to negligence, there are several steps you should take to protect your health and legal rights. Understanding the process can help you navigate the situation more effectively, particularly when considering breast surgery compensation claims.
- Gather evidence: record your symptoms, take photos of any visible issues and keep all medical records and communication related to your surgery. This evidence will help demonstrate the impact of the complications on your life and support your claim.
- Consult a specialist solicitor: reach out to a solicitor who specialises in cosmetic surgery negligence. They have the expertise to evaluate your case and guide you through the process of making a compensation claim. They will help you understand the legal requirements, such as proving that the surgeon’s care fell below an acceptable standard, which led to your injuries.
- File a complaint: you have the right to file a complaint with the clinic or hospital where the surgery was performed. Additionally, you can report the surgeon to the General Medical Council (GMC) if you believe their conduct was unprofessional or they failed to meet the required standard of care. This step is important not just for your case but also to prevent future negligence.
- Pursue a compensation claim: if your solicitor believes there is a valid case, they will help you pursue breast surgery compensation claims. Compensation can cover various aspects, including pain and suffering, additional medical expenses for corrective surgeries and any other losses incurred due to the negligent surgery. Taking this legal action not only helps you recover financially but also holds the responsible parties accountable.
- Focus on recovery: taking legal action can seem daunting, but a specialised solicitor will handle the complexities of your case, allowing you to concentrate on your recovery. They will manage the communication with the parties involved and present your case effectively.
By following these steps, you can seek justice and obtain the compensation you deserve for the distress and inconvenience caused by the negligence.