Breast Augmentation Claims*

Breast augmentation is one of the most common elective surgical procedures globally, yet when things go wrong due to clinical negligence, the physical and emotional toll can be devastating.  Sherwin O’Riordan Solicitors provide expert legal counsel for those who have suffered due to substandard surgical care, defective implants, or inadequate pre-operative consenting processes.

Medical negligence in the context of plastic surgery occurs when a practitioner fails to meet the “standard of care” expected of a reasonably competent professional in that specific field. The legal framework for such claims is governed by the principles of tort law and the Statute of Limitations, requiring a precise demonstration of a duty of care, a breach of that duty, and resulting injury (causation).

Types of Breast Augmentation Claims*

Claims generally fall into three categories: surgical error, product liability, and lack of informed consent.

1. Surgical Negligence and Errors

Surgical errors involve mistakes made during the procedure that fall below acceptable medical standards. Common issues include:

• Asymmetry and Malposition: While minor differences are natural, significant displacement or “bottoming out” (where the implant drops too low) may indicate poor surgical technique.
• Surgical Infection: While infection is a known risk, a failure to provide prophylactic antibiotics or maintain a sterile field can constitute negligence.
• Hematoma and Seroma: Failure to properly cauterize blood vessels or manage post-operative fluid build up can lead to emergency re-operation.

2. Defective Product Claims (Product Liability)

If an injury is caused by the implant itself rather than the surgeon’s hand, it may be a product liability claim.

• Implant Rupture: Premature deflation or rupture of silicone or saline shells.
• BIA-ALCL: Breast Implant-Associated Anaplastic Large Cell Lymphoma is a rare cancer linked to certain textured implants. Failure to warn patients about this specific risk is a major area of litigation.

3. Lack of Informed Consent

A surgeon must disclose all “material risks” associated with a procedure. If a patient suffers a complication that was not disclosed during the consultation—and they can prove they would not have proceeded had they known—they may have grounds for a claim even if the surgery was performed perfectly.

How to Initiate a Claim*

To seek compensation in Ireland, you need to follow several distinct stages:

1. Initial Consultation: Our solicitors conduct a detailed appraisal of your circumstances to determine whether someone breached their duty of care.
2. Medical Records and Expert Opinion: We secure your full medical file. Crucially, you need a supportive report from an independent consultant plastic surgeon who can testify that the care you received was substandard for your personal injury claim involving medical negligence.
3. Injuries Resolution Board and the Courts: You must first submit most personal injury claims to the Injuries Resolution Board (formerly PIAB). However, the board frequently releases medical negligence cases, allowing them to proceed directly to the High Court for litigation.

Time Frames for Legal Action

The Statute of Limitations for personal injury claims generally allows you two years from the date of the accident or the “date of knowledge” of the injury. In medical negligence cases, the date of knowledge is critical. It defines the moment when you first became aware that your injury was significant and resulted from the negligence, omission, or error of the defendant. Because of these strict time frames, it is imperative to seek legal advice as soon as you suspect a complication.

How Much is a Claim Worth?

The value of a breast augmentation claim falls into two categories: “General Damages” and “Special Damages.”

General Damages

General damages compensate you for non-monetary losses, primarily pain, suffering, and loss of amenity. The Judicial Council’s Personal Injury Guidelines provide brackets for various injuries, including:

• Severe scarring/disfigurement: This can vary significantly based on the psychological impact and visibility of the scars.
• Chronic Pain: You can receive compensation for long-term physical discomfort associated with your condition.

Special Damages

These are quantifiable financial losses, calculated as:TotalSpecialDamages=M+L+R. Where M represents past and future medical expenses (including corrective surgery), L represents lost wages, and R represents rehabilitation or travel costs.

Sherwin O’Riordan advocate for your rights to ensure you receive comprehensive compensation that covers both your physical recovery and your future financial security.

What Documentation Supports a Breast Augmentation Claim with Sherwin O’Riordan?

To support a breast augmentation claim with Sherwin O’Riordan, you need to provide specific documentation. The primary documentation involves comprehensive medical records, which serve as the factual foundation for your case. This includes all pre-operative consultation notes, which are essential for determining whether the surgeon obtained “informed consent” properly. Under the doctrine of informed consent, surgeons must disclose all “material risks”—those that a reasonable person in your position would consider significant. If you suffer a known complication, such as capsular contracture or implant rupture, and you can prove that your surgeon did not warn you of this specific risk, the practitioner may be held liable regardless of the technical skill involved in the surgery.

Essential Medical and Legal Documentation

To initiate and sustain a breast augmentation malpractice claim, you typically need to gather the following categories of documentation:

1. Complete Medical History and Records
   Provide copies of all relevant medical records from your General Practitioner (GP) and any hospitals or private clinics you attended. These records help identify your baseline health and any pre-existing conditions that might have influenced the surgical outcome. Specifically, the “Surgical Log” and “Anesthesia Records” undergo scrutiny for technical errors during the procedure.
2. Proof of Product and Implant Details
   If your case involves defective products, such as the PIP (Poly Implant Prothèse) scandal, you must document the specific batch, serial number, and manufacturer of the implants. If a faulty or damaged product was used, your claim may involve product liability alongside medical negligence.
3. Independent Medical Expert Reports
   A critical component of the process is procuring a report from an independent medical expert, usually a consultant plastic surgeon not involved in your original procedure. This expert will review your medical records and examine you to provide an objective opinion on whether your care met the expected professional standards and if your injuries (such as asymmetry, nerve damage, or severe scarring) were avoidable.
4. Documentation of Financial Losses (Special Damages)
   To calculate your compensation amount, you must provide evidence of quantifiable financial losses. This includes:
   • Loss of Earnings: Payslips or tax returns showing income lost during recovery or due to permanent disability.
   • Corrective Surgery Costs: Invoices or estimates for future “revision surgery” required to fix the errors.
   • Care and Therapy: Receipts for psychological counselling or physical therapy necessitated by the trauma of the “botched” procedure.
5. Photographs and Personal Statements
   Provide visual evidence of your injury, such as post-operative photos showing asymmetry or scarring, as this serves as powerful evidence for general damages (pain and suffering). Additionally, include a detailed personal statement or “witness statement” outlining the timeline of events and the emotional impact of your injury to build the narrative of your claim.

Start Your Claim* Today and Set Up a Consultation

If you have experienced complications or are dissatisfied with the results of a breast augmentation due to suspected clinical error, taking the first step toward legal redress is vital. Sherwin O’Riordan Solicitors provide a confidential and compassionate environment for you to discuss the specifics of your case.

During your initial consultation, our specialist medical negligence team will evaluate your claim’s merits, explain the complexities of the Irish legal system, and outline the necessary steps to secure independent medical expert opinions.

We understand the sensitive nature of cosmetic surgery injuries, and we prioritize clear, plain-English communication to support you throughout the process.

To begin your journey toward recovery and fair compensation, contact our Dublin or Wicklow office today at 01 663 2000 or complete our online contact form to schedule your consultation.

Ph: 01 663 2000

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* In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement