ByBreast surgery can be a life-changing decision, often carried out to enhance confidence or address medical concerns. However, when the procedure does not meet acceptable medical standards, it can lead to both physical and emotional distress. Breast surgery negligence occurs when a surgeon or medical team fails to provide the necessary level of care, resulting in complications that may have been avoidable. In this piece, we will explore the common signs of negligence following breast surgery and provide guidance on what steps you can take if you believe you have been affected.
What is Breast Surgery Negligence?
Breast surgery negligence refers to situations where the care provided by a surgeon or medical team falls below the accepted standards, leading to avoidable harm or unsatisfactory results. This negligence can occur at various stages, from pre-surgery consultations to post-operative care.
In cases of negligence, the medical professional may have failed to properly assess your suitability for the procedure, failed to inform you of potential risks, or used improper techniques during surgery. Negligence can also involve a lack of aftercare, where post-operative issues such as infections or complications are not adequately managed.
For a claim of negligence to be valid, it must be shown that the surgeon’s actions directly caused the harm or complications experienced. This breach of duty is key in establishing whether the standards of care were not met. Understanding the signs of negligence can help you assess whether your post-surgery complications are due to substandard care.
Common Signs of Breast Surgery Negligence
While all surgeries carry some risk, certain complications may indicate that the standard of care provided during your breast surgery was not as it should have been. Below are some common signs of negligence to be aware of:
Infection and Delayed Healing
Infections are a known risk of any surgery, but when proper hygiene and surgical techniques are followed, they should be rare and manageable. If you experience severe or prolonged infections, it could be due to negligence in the surgical environment or inadequate aftercare. Warning signs include persistent redness, swelling, warmth around the incision site, and a fever that doesn’t resolve with antibiotics.
Unsatisfactory Aesthetic Outcome
A key reason many undergo breast surgery is to improve the appearance of their breasts. If the final result leaves you with noticeable asymmetry, poorly positioned implants, or unanticipated deformities, this could point to negligence during the surgery. Aesthetic issues like uneven or distorted results may be a sign that the surgeon did not follow proper procedures or take necessary precautions.
Excessive Scarring
While some scarring is expected after surgery, excessive or improper scarring can be a sign of negligence. This includes large or raised scars that extend beyond what was discussed during consultations, or scars that fail to heal properly. Often, this is due to poor surgical techniques or a failure to minimise trauma to the skin and tissue.
Loss of Sensation
Some patients may experience temporary numbness following breast surgery, but permanent or severe loss of sensation, particularly around the nipples, could indicate nerve damage caused by improper surgical methods. This could be a result of incisions made in the wrong areas or excessive handling of sensitive tissues during the procedure.
Implant Rupture or Leakage
Implant rupture or leakage should not occur soon after surgery, and when it does, it can often be traced to poor-quality implants or improper placement by the surgeon. Ruptured implants can cause pain, discomfort, or visible deformities, which may require corrective surgery to fix. These issues are often avoidable when correct materials and techniques are used.
Haematoma or Seroma Formation
A haematoma is a collection of blood outside of the blood vessels, while a seroma is a collection of fluid that builds up in tissue after surgery. Both conditions can occur if a surgeon fails to adequately control bleeding or fluid accumulation during the operation. If left untreated, these complications can lead to infection, delayed healing, and even further surgical interventions, all of which may be signs of negligence.
Psychological Impact of Breast Surgery Negligence
In addition to physical complications, breast surgery negligence can have a profound emotional and psychological impact. For many individuals, the results of cosmetic surgery are closely tied to their sense of self-esteem and body image. When the procedure does not go as planned due to negligence, it can lead to emotional distress, anxiety, and depression.
Patients may experience a loss of confidence, frustration, or embarrassment due to the unsatisfactory outcome. For some, the experience of undergoing corrective surgery or dealing with prolonged complications can worsen these feelings. Emotional and psychological trauma may not always be immediately apparent but can linger long after the physical symptoms have been addressed. It’s important to acknowledge that the impact of negligence can go beyond the visible results, affecting mental health and well-being.
If you are dealing with emotional or psychological distress following negligent breast surgery, seeking support through counselling or therapy can be beneficial. Addressing these issues alongside physical treatment is a step toward recovery.
How to Prove Negligence in Breast Surgery
Proving negligence in breast surgery requires gathering evidence that clearly demonstrates the care provided was below the acceptable standard. Several key steps must be taken to establish a valid claim:
Medical Records
One of the first steps in proving negligence is obtaining your full medical records. These will detail the consultations you had before surgery, the procedure itself, and the post-operative care you received. Reviewing these records can help identify if the surgeon failed to take necessary precautions, such as conducting a thorough pre-surgery assessment or informing you of all risks involved.
Expert Opinion
To substantiate your claim, it may be necessary to obtain an expert opinion from another qualified surgeon. This expert will assess whether the complications you experienced were the result of negligence. They will review your medical records and the outcome of your surgery to determine whether proper procedures were followed and if the complications could have been avoided.
Post-Operative Evidence
Documenting your recovery process can be crucial in proving negligence. Photographs of your healing progress, especially if issues like excessive scarring, infection, or implant problems are present, can serve as vital evidence. Keeping a record of any complications and seeking follow-up medical advice as soon as problems arise is also important in supporting your claim.
Breach of Duty
To make a successful claim, it must be shown that there was a breach of duty. This means proving that the surgeon or medical professional did not provide care that meets the standard expected of them, and that this directly caused your complications. Establishing a clear link between the breach and the harm you have suffered is essential for the case to proceed.
Importance of Seeking Legal Advice
If you suspect that your breast surgery has been impacted by negligence, seeking legal advice as soon as possible is essential. A solicitor who specialises in medical negligence will be able to assess your case and guide you through the process of making a claim.
Why Legal Assistance Matters
Legal professionals with experience in breast surgery negligence can help determine whether the care you received fell below the required standard. They will review your medical records, arrange independent medical assessments if necessary, and help gather the evidence required to support your claim. Their expertise ensures that all relevant factors are considered, including the physical and psychological impact of the surgery, as well as any corrective procedures you may need in the future.
