If you are looking for information regarding breast implant compensation, this guide will aim to be of help to you. We will look at how compensation for medical negligence claims is valued alongside the payout that you could be entitled to for a successful claim.
Breast implant compensation claims guide
Certain key aspects of the claims process will also be addressed, for example, the eligibility criteria to claim and how long you have to start proceedings. We will also provide you with specific examples of how surgical negligence could occur.
Furthermore, we will look at the benefits of hiring a solicitor as well as how being represented on a No Win No Fee basis may help you when seeking a payout.
Additionally, you can speak to an advisor from our team if you have any specific questions. They are available at all times to offer you a free consultation. To get in touch:
- Call us on 0113 460 1216
- Fill out the contact us form on our website
- Speak to one of our advisors using the live chat feature
Choose A Section
- How Much Breast Implant Compensation Could You Receive?
- When Are You Eligible To Claim Breast Implant Compensation?
- How Could Negligence Lead To Cosmetic Surgery Compensation?
- Evidence That Could Help You Make A Cosmetic Surgery Claim
- Claim Breast Implant Compensation Using Our Panel Of No Win No Fee Solicitors
- Learn More About Claiming Cosmetic Surgery Compensation
How Much Breast Implant Compensation Could You Receive?
The breast implant compensation you will receive in the event of a successful claim could be made up of two heads of claim. You will receive general damages if your claim us a success, which is compensation that takes into account the pain and suffering that you have experienced. This could include physical effects as well as mental injuries, such as anxiety or post-traumatic stress disorder.
We have included a list of compensation brackets that are found in the Judicial College Guidelines (JCG) as an alternative to a compensation calculator. This is a document used by legal professionals when valuing claims. However, these figures should only be used as guidance because every medical negligence claim is unique and will be valued accordingly.
| Body Part | Compensation Bracket | Details |
|---|---|---|
| Scarring | £7,830 to £22,730 | One disfiguring scar across the chest. |
| Scarring | £2,370 to £7,830 | Single noticeable scar causing minor cosmetic deficit. |
| Psychological Harm | £54,830 to £115,730 | Marked problems with relationships, work and future vulnerability. Poor prognosis. |
| Psychological Harm | £19,070 to £54,830 | Significant with relationships, work and future vulnerability. More optimistic prognosis. |
| Psychological Harm | £19,070 to £54,830 | While there will have been problems with with relationships, work and future vulnerability, there will be a good prognosis. |
| Psychological Harm | £1,540 to £5,860 | Length of disability and impact on sleep will be considered. |
Special Damages In A Surgical Negligence Claim
In addition, special damages could reimburse you for any financial losses you have incurred as a result of the incident. This could include:
- Travel costs to and from medical appointments
- Medical expenses
- Care costs
- Loss of earnings
An advisor from our team can provide you with a more personalised estimate of how much compensation you could be owed if you get in touch.
When Are You Eligible To Claim Breast Implant Compensation?
Medical professionals owe their patients a duty of care; this means that they must provide a minimum standard of care when treating them. If the care they provide falls below this required level, and you are avoidably harmed as a result, this constitutes medical negligence, and you may be able to claim.
It is vital that the harm is of an avoidable nature. In some cases, harm cannot be avoided when you’re undergoing medical care. For example, if you underwent an operation that left you with a normal amount of scarring, you’d be unable to claim for this as it can’t be avoided when operating on you. However, if the negligence of a medical professional meant that your scarring was very disfiguring, and you were harmed because of this, then you could be entitled to make a claim.
If you would like to know more about the eligibility criteria for breast implant compensation claims, please get in touch with our advisors.
Is There A Time Limit To Making A Medical Negligence Claim?
While we cannot answer the question of how long a medical negligence claim takes to conclude, we can inform you of how long you have in which to begin a claim. As established by the Limitation Act 1980, you generally have three years to begin the claims process if you were harmed by medical negligence. This time limit could start from the date of the surgery or when your injuries were connected to medical negligence, the latter of which is known as the “date of knowledge”.
There are some instances in which the time limit could be suspended. This could be the case where:
- The claimant is under the age of 18
- The claimant does not have the mental capacity to claim
In both of these cases, a litigation friend could claim on their behalf while the time limit is suspended. It would begin again in the event that they became able to claim themselves.
If have any questions regarding the medical negligence claim time limit, please get in touch with an advisor from our team who can help you.
How Could Negligence Lead To Cosmetic Surgery Compensation?
Below, we have included some examples of how complications could arise as a result of a breast implant:
- You’re receiving an implant in only one breast, and the surgeon initially makes an incision on the wrong breast. This is unnecessary treatment and results in avoidable scarring.
- Your doctor has your medical history including details of allergies you suffer from. However. despite this, they give you drugs that you are allergic to and you suffer a reaction as a result of this medication error.
- The nurse changing your dressings doesn’t wear gloves when doing so and because they have not washed their hands, you contract an infection as a result.
- You retained a foreign object during the operation that should have been removed, meaning that you need to undergo another operation. A retained foreign object is an example of a never event.
If you have been avoidably harmed because of a breach of a medical professional’s duty of care, please get in touch with our advisors to see if you could be entitled to claim breast implant compensation.
Evidence That Could Help You Make A Cosmetic Surgery Claim
If you are seeking breast implant compensation, you may find it useful to gather proof in support of your claim. This could include:
- Medical records
- A diary of your symptoms, any treatments you have undergone and the impact they have on your life.
- Pictures of your injuries
- Proof of any financial losses that you’ve incurred. For example, this could include a copy of any receipts for parking that you have had to pay for on hospital visits.
You can speak with an advisor from our team for guidance about gathering evidence. Moreover, they may be able to put you in touch with one of the medical negligence solicitors from our panel.
Claim Breast Implant Compensation Using Our Panel Of No Win No Fee Solicitors
There are many benefits to working with a No Win No Fee solicitor. Firstly, the solicitors from our panel could use their experience to help you build a strong claim. In particular, the solicitors from our panel could offer a Conditional Fee Agreement (CFA). which is a kind of agreement that falls under the general category of No Win No Fee.
Under a CFA, you won’t have to pay for the services provided by your solicitor if your claim is not successful. There are also no upfront or ongoing fees to pay.
Furthermore, if your case is a success and you receive compensation, you will have to pay a legally capped success fee that will be deducted from your settlement to be paid to your solicitor.
Our advisors are on call 24/7 to offer you a free consultation. If you would like to find out whether you qualify for breast implant compensation, please get in touch with our advisors. You can do so by:
- Calling us on 0113 460 1216
- Filling out the contact us form
- Speaking with our advisors using the live chat feature
Learn More About Claiming Cosmetic Surgery Compensation
Here are some more guides of ours that may be of use to you when making a medical negligence claim:
- What types of medication errors in healthcare can I claim for?
- When are you eligible to claim for GP diagnosis?
- Claiming for maternity negligence
Additionally, we have included further reading that may be helpful to you when claiming for doctor negligence:
- NHS – Mental health services
- General Medical Council – Good Medical Practice For Doctors
- General Pharmaceutical Council – Reporting Concerns
Thank you for reading this guide on breast implant compensation. If you have any other questions, please do not hesitate to get in touch with an advisor from our team.
Writer Beck Pilling
Publisher Fern Smith
