Breast implant claim success for woman who received the wrong implant
Medical negligence specialist Sophie Townsend has recovered compensation totalling £17,600 on behalf of her client for the failure of a cosmetic surgeon to insert the correct breast implants during her breast augmentation procedure.
Our client visited a leading cosmetic surgery clinic to discuss having a breast augmentation procedure as she felt flat chested. She explained to the well known surgeon that she wanted natural looking breasts due to her slight frame and chose tear drop breast implants.
On the day of her procedure, our client was reviewed by the surgeon who asked her to sign the relevant consent forms. She recalls that she surgeon wrote “ERSD” on her chest to distinguish the type of implants to be used. She also took a photograph of this. Following her surgery, she was handed documentation which included details of the breast implants used. However when she looked at this paperwork she discovered that round implants had been inserted when she had specifically requested teardrop shaped implants. She questioned the surgeon about this and he offered to perform revision surgery so that the correct breast implants could be inserted.
By this stage, our client had lost all confidence in the surgeon. She raised a formal complaint with the General Medical Council regarding her surgeon’s conduct. A thorough investigation concluded that the care provided had fallen below the reasonable standard. It was also confirmed that he had inserted incorrect breast implants just four years earlier.
Our Client decided to claim compensation from the surgeon and telephoned our free legal helpline for guidance. Clinical negligence specialist, Sophie Townsend, agreed to deal with the claim on a no win, no fee basis.
Despite the surgeon’s clear error and the damning findings of the General Medical Council, he initially denied legal liability. He then made an offer of £5,000. This was firmly rejected on Sophie’s advice as it failed to adequately compensate our client for the fact that she faced the pain, inconvenience and expense of an unnecessary operation to remove and replace her implants. Negotiations continued and this resulted in an out of court settlement of £17,600 being reached.
Breast augmentations are one of the most popular cosmetic procedures in the UK. However, we are seeing a rise in the number of negligence cases surrounding this procedure. If you feel that you have been a victim of clinical negligence and wish to know if you are entitled to make a breast implant claim, please telephone our free legal helpline or send an email with brief details to [email protected]