Steps to Take After Suspecting Negligence in Your Breast Surgery

Breast surgery, whether for cosmetic reasons or medical necessity, is a significant decision that many individuals consider at some point in their lives. It encompasses various procedures, including breast augmentation, reduction, reconstruction and mastopexy (breast lift). While these surgeries can yield life-changing results, they also come with inherent risks. Complications may arise, and in some unfortunate cases, these may be the result of medical negligence. Knowing how to identify the signs of negligence and understanding the actions you should take can protect your health and legal rights.

What is breast surgery?

Breast surgery refers to a range of surgical procedures involving the breasts. These procedures often aim to alter the size, shape or position of the breasts, either for cosmetic improvement or as part of a treatment plan for conditions such as breast cancer. Common types of breast surgery include:

• Breast augmentation: involves increasing the size of the breasts using implants or fat transfer.
• Breast reduction: aims to decrease breast size, often to alleviate discomfort caused by overly large breasts.
• Breast reconstruction: typically performed after a mastectomy to rebuild the breast using implants or tissue from other parts of the body.
• Breast lift (mastopexy): raises and firms the breasts by removing excess skin and tightening the surrounding tissue.

Each of these surgeries carries specific risks, which can include infection, scarring, changes in breast or nipple sensation and complications related to anaesthesia. While most surgeons follow strict protocols to minimise these risks, negligence can sometimes lead to adverse outcomes.

How do you mitigate the risks of breast surgery?

Mitigating the risks associated with breast surgery starts with thorough preparation and selecting a qualified, experienced surgeon. Here are key steps to reduce the likelihood of complications:

• Research and choose a reputable surgeon: ensure your surgeon is certified by the relevant medical boards, such as the General Medical Council (GMC) in the UK. Look for a surgeon with a strong track record in breast surgery and check for patient reviews or testimonials.
• Ask questions during the consultation: before committing to surgery, have a detailed consultation with your surgeon. Ask about their experience with your specific procedure, the risks involved, and the expected outcomes. A competent surgeon will provide clear, honest answers and discuss all potential risks.
• Understand the procedure: make sure you fully understand what the surgery entails, including the recovery process and possible complications. Your surgeon should provide comprehensive information and support you in making an informed decision.
• Follow pre- and post-operative instructions: adhering to the surgeon’s pre-operative and post-operative care instructions is crucial. This may include dietary restrictions, medication guidelines, and activity limitations. Proper care before and after surgery can significantly reduce the risk of complications.
• Regular follow-up appointments: attend all scheduled follow-up appointments to monitor your recovery. These visits allow your surgeon to detect any early signs of complications and address them promptly.

By taking these steps, you can reduce the likelihood of complications and ensure that your breast surgery proceeds as safely as possible.

What are the signs your surgery went wrong?

Even with the best preparation, complications can arise. It’s important to recognise the signs that something may have gone wrong after your breast surgery. Some common indicators include:

1. Excessive pain: while some discomfort is expected after surgery, severe or worsening pain that doesn’t respond to pain relief may indicate a problem.
2. Infection: signs of infection include redness, warmth, swelling and discharge from the incision site. Fever and chills may also accompany these symptoms.
3. Poor wound healing: if your incision sites do not heal properly, appear to be reopening or develop unusual scarring, it could suggest an underlying issue.
4. Changes in breast sensation: while temporary changes in sensation are common, complete loss of sensation or extreme sensitivity that persists could signal nerve damage.
5. Asymmetry: if your breasts are significantly uneven in size, shape or position after surgery, it may indicate that the procedure was not performed correctly.
6. Implant Issues: in the case of breast augmentation, signs such as implant rupture, shifting or wrinkling can suggest complications with the implants.
7. Difficulty breathing or chest pain: these symptoms are serious and may indicate a more severe complication, such as a blood clot or pneumothorax (collapsed lung), requiring immediate medical attention.

If you notice any of these signs, it is crucial to contact your surgeon immediately. Prompt action can help prevent further complications and potentially correct the issue before it worsens.

What are the signs your surgeon was negligent?

While complications can occur even with the best care, negligence is different. It involves a failure by the surgeon or medical team to meet the expected standard of care, leading to harm. Signs that your surgeon may have been negligent include:

1. Inadequate pre-operative assessment: if your surgeon did not conduct a thorough medical assessment, including understanding your medical history and ensuring you were a suitable candidate for surgery, this could indicate negligence.
2. Lack of informed consent: you should have been fully informed about the risks, benefits and alternatives to the surgery. If your surgeon did not provide this information or misled you about the potential outcomes, this may be negligent behaviour.
3. Improper surgical technique: if the surgeon deviated from standard surgical practices without justification, leading to complications, this could constitute negligence. Examples include improper implant or nipple placement or inappropriately placed scarring.
4. Poor post-operative care: negligence can also occur after surgery. If your surgeon did not provide adequate follow-up care, failed to monitor your recovery or ignored signs of complications, this may be considered negligent.
5. Failure to address complications: a responsible surgeon should address any complications promptly and appropriately. If your surgeon dismissed your concerns, did not take corrective action or failed to refer you to a specialist when necessary, this could be a sign of negligence.

What steps should you take if your surgeon was negligent?

Here are the steps you should take if you suspect that your surgeon was negligent:

1. Seek a second opinion: consult another qualified surgeon to assess your condition. This second opinion can help confirm whether negligence occurred and what corrective action is needed.
2. Document everything: keep detailed records of your symptoms, communications with your surgeon, and any treatments you receive. Photographs of your surgical results and medical records can serve as evidence.
3. File a complaint: you can file a formal complaint with the General Medical Council (GMC) or the Care Quality Commission (CQC) if you believe your surgeon’s conduct was below standard. These organisations can investigate and take action against negligent practitioners.
4. Consult a medical negligence solicitor: if you intend to pursue legal action, consult a solicitor specialising in breast surgery compensation claims. A specialist solicitor can advise you on the strength of your case, the potential compensation and the legal process involved.
5. Consider corrective surgery: depending on the severity of the complications, you may need corrective surgery. Your new surgeon can advise on the best course of action to rectify the issues caused by the initial negligence.
6. Pursue compensation: if you have suffered harm due to negligence, you may be entitled to compensation for medical expenses, lost wages, pain and suffering and other damages. Your solicitor can guide you through this process.

Dealing with the aftermath of a negligent breast surgery can be distressing, but taking these steps can help you secure the care you need and seek justice for the harm you’ve suffered. It’s crucial to act promptly, as there are time limits for making a medical negligence claim in the UK.

While breast surgery carries inherent risks, negligence should never be one of them. By being vigilant, informed, and proactive, you can mitigate risks, recognise signs of negligence and take appropriate action to protect your health and rights.