Breast Surgery Negligence Claims*: Mastopexy and Ptosis Correction

Breast surgery, whether performed for reconstructive or aesthetic purposes, is a complex field of plastic surgery that requires meticulous planning and execution. When surgical outcomes fall below the accepted standard of care, patients may be entitled to pursue a medical negligence claim. Sherwin O’Riordan Solicitors LLP assist clients in navigating the legal complexities associated with substandard breast procedures, including mastopexy and corrections for various forms of ptosis.

Mastopexy (Breast Lift) Procedures

A mastopexy, commonly known as a breast lift, is a surgical procedure designed to raise and reshape sagging breasts by removing excess skin and tightening the surrounding tissue. Negligence claims in mastopexy often arise from:

• Nipple-Areola Complex (NAC) Issues: This includes permanent loss of sensation, asymmetrical placement, or, in severe cases, total necrosis (tissue death) of the nipple due to compromised blood supply during the “pedicle” creation.
• Inappropriate Technique Selection: Surgeons must choose between various incision patterns (e.g., periareolar/donut, vertical/lollipop, or inverted-T/anchor) based on the patient’s anatomy. Choosing an inadequate technique for the degree of sagging can lead to poor results and the need for revision.
• Scarring and Wound Dehiscence: While scarring is expected, excessive hypertrophic scarring or the opening of surgical wounds (dehiscence) due to poor suturing technique may constitute negligence.

Understanding Ptosis and Pseudoptosis

In the context of breast surgery, “ptosis” refers to the drooping of the breast tissue relative to the inframammary fold (the crease under the breast). Surgeons use the Regnault Classification to determine the severity of ptosis, which dictates the surgical approach.

• True Ptosis: This occurs when the nipple-areola complex falls below the level of the inframammary fold. It is graded from Grade I (mild) to Grade III (severe). Claims often arise when a surgeon fails to correctly grade the ptosis, leading to an “under-correction” where the breast remains sagging after surgery.
• Pseudoptosis: This is a specific condition where the breast tissue (the parenchyma) has dropped below the inframammary fold, but the nipple remains at or above the fold level.
• Glandular Ptosis: A condition where the nipple is in the correct position relative to the fold, but the bulk of the breast tissue is low.

Grounds for a Negligence Claim*

Patients may seek compensation if the surgical intervention for these conditions results in avoidable harm. Common claim types include:

1. Failure to Correct Ptosis: If a surgeon performs a simple breast augmentation (implants) on a patient who actually required a mastopexy to correct true ptosis, the result is often a “Snoopy Dog” deformity or “double bubble” effect, where the implant sits high and the natural tissue droops over it.
2. Asymmetry: While perfect symmetry is rare, significant and avoidable differences in breast height, volume, or nipple position following a mastopexy can be grounds for a claim.
3. Informed Consent Breaches: Surgeons are legally required to explain the specific risks of mastopexy, including the high likelihood of revision surgery and the potential for permanent sensory changes. Failure to do so may invalidate consent.
4. Post-Operative Infection: Failure to identify or treat mastitis or abscesses following surgery can lead to systemic illness and permanent disfigurement.

Initiating Your Claim*

If you have suffered complications following a mastopexy or ptosis correction, the first step is to obtain your full medical records and seek an independent assessment from a consultant plastic surgeon. You generally have two years from the date of the procedure or the date you became aware of the injury to initiate legal action.

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.

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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