Cosmetic breast surgery claims
Produced in partnership with Catriona Stirling of Cloisters Chambers
Cosmetic breast surgery claims

The following Personal Injury guidance note Produced in partnership with Catriona Stirling of Cloisters Chambers provides comprehensive and up to date legal information covering:

  • Cosmetic breast surgery claims
  • Definitions
  • Commonly encountered issues
  • The surgical procedure
  • Standards
  • Who to sue?
  • Valuing the claim
  • Review and guidance
  • Main points of the guidance
  • Case study

This Practice Note builds on the general principles of cosmetic surgery claims and focuses on breast enlargement, reduction or augmentation claims. As with other types of cosmetic surgery claims, the rise of online advertising has led to an increase in the number of these types of procedures being carried out.

See Practice Note: Cosmetic surgery claims.

Definitions

Breast enlargement is a surgical procedure where the breast is enlarged by the insertion of breast implants. The implants are breast-shaped sacks with a silicone outer shell and a silicone gel or saline inner shell.

Breast augmentation is a surgical procedure, which attempts to correct breast shape for breasts that are not symmetrical or of very different sizes to each other. Trauma to the breast, a mastectomy operation or congenital deformity can all cause the breast to be misshaped.

Breast reduction is a surgical procedure to reduce the size of the breasts. The operation is often carried out on women who have very large breasts, which cause them back and neck pain or emotional distress and embarrassment. Breast reduction may also be required to realign breasts, which have undergone reconstructed surgery following a mastectomy.

Commonly encountered issues

Disappointment at the outcome of surgery

Before surgery, an assessment should be undertaken by the surgical team to ascertain whether the patient has realistic and clear expectations for