What are Breast Surgery Claims?
A breast surgery claim can follow incidents of negligence or malpractice on behalf of the surgeon or the medical practise as a whole. In this case the surgery and any subsequent complications relate specifically to the breasts. This can often be an elective procedure but the patient should fully expect the treatment to be carried out in a professional manner with a satisfactory outcome at the end of it.
If there are any physical or mental injuries as the result of surgery and there is fault attached to the medical team, it is possible to seek breast surgery compensation.
An example of this was provided by the Poly Implant Prothese (PIP) scandal. Defective and poorly made silicone implants led to a number of pip breast implant claims. The PIP cases are covered under potential negligence claims but they are just one example of how breast surgery compensation can arise.
What are the most common types of breast surgery claims?
Patients can undergo breast surgery for a number of reasons but subsequent claims will tend to follow one of four options: These include but are not limited to:
- Breast implant claims
- Breast augmentation claims
- Breast reduction claims
- Breast reconstruction claims
Potential issues that may arise from these procedures are widespread and may include:
- Breast surgery infection
- Lymphedema post breast surgery
- Scars after breast surgery
Symptoms may not manifest for some time following bad breast surgery. For example, there can be pain in breast implant years after surgery that will initially go undetected.
Other claims may simply arise from the surgery resulting in a poor outcome. A relative lack of regulation of cosmetic surgeons as a whole in Ireland can lead to inadequate results and these may also offer grounds for a claim.
This is a list of the more common types of breast surgery claims but there are many instances where compensation can be sought.
If you have suffered as a result of negligence on behalf of your surgeon or medical practitioner, contact an experienced solicitor right away.
How to make a claim for breast surgery claims?
The personal injuries board in Ireland (PIAB) do not handle claims for medical negligence so the first approach should be to contact an experienced solicitor. They can assess the circumstances and advise on whether or not the practise in question should have a case to answer.
All information should be kept, including details of the practise and the surgeon. If the procedure wasn’t explained in full, please make this clear as this can also be grounds for breast surgery claims.
Your solicitor will then present the case to the practise in question stating why they believe there is blame attached. In some cases, fault will be accepted immediately and a breast surgery settlement figure will be offered. If the claim is disputed or if the settlement cannot be negotiated satisfactorily, it may be necessary to follow up with court action.
What are the legal time limits for a breast surgery claim?
Any form of medical negligence claim has a two-year time limit placed on it. Irish law states that any potential claimant has two years from the date of knowledge to submit their claim for compensation.
That term – date of knowledge – is the important factor here. As we have seen, it can be some time before symptoms materialise, particularly with defective breast implants. The date of knowledge therefore relates specifically to the time that the claimant became aware that they had symptoms and that these were significant.
In some instances, the date of the surgery and the date of knowledge will be the same but, with complex medical negligence, this isn’t always the case. However, it’s worth stating that, irrespective of time limits, all claims should be submitted as soon as possible.
How much compensation can I get for breast surgery claims?
The answer to this question will depend very much on the circumstances of the individual incident. Although it may be possible to establish averages and parameters, a number of factors need to be taken into account. These would include:
- Nature of the surgery and the severity of the subsequent medical issues
- Initial medical bills
- Projections for ongoing care and medical costs in the future – if these are required.
Those costs can increase the final settlement if the case is successful but what about those compensation levels? At the lower end of the scale, minor injuries that are not permanent and do not require any ongoing treatment may be settled for around a few thousand Euros.
Moving to the other extreme, severe life changing injuries with high and ongoing medical bills attached may increase into high six figure sums. Ultimately, the exact level of breast surgery compensation is entirely down to the circumstances and associated costs of the individual case.
Why choose McGinley Solicitors?
Any solicitor who deals with breast surgery claims needs to provide a balance of experience and professionalism. Issues with breast implant claims can be extremely distressing so the lawyer in question must offer a sympathetic approach that combines honesty in relation to the circumstances of the claim and the likelihood of a successful outcome.
McGinley Solicitors were established in 1988 and we have extensive experience of dealing with all types of medical negligence claims. Breast surgery claims have continually fallen within that category and we have the expertise required to pursue the best possible settlement.
Following an initial discussion, we have three offices spread across Dublin and Donegal where we can meet and consider the courses of action. It’s at this point that we may be able to offer a more accurate projection in terms of potential levels of breast surgery compensation.
To get things moving, please give us a call on 1890 998 969 or fill in our quick and simple online form and we will get back to you.