Woman receives five-figure settlement for physical and psychological complications following negligent breast reduction surgery

In 2018, a woman, who we have called Lucy, attended her first consultation with a surgeon at the Transform clinic in Manchester. 

In early 2019, Lucy underwent breast reduction surgery. A week later when dressings were removed, the surgeon noted a ‘great result so far’ but also that there was slightly red scarring, an asymmetrical Nipple Areolar Complex (NAC) requiring revision, and a fat pouch in the right armpit which he advised should be removed in a further procedure.

A review appointment did not take place until seven months later. The NAC remained asymmetrical, and Lucy wanted to have a surgery to correct this. Lucy understood the plan to be a removal of a fat bulge, and further removal of breast tissue to improve the general size of her breasts, which were still larger than she had desired.

The surgery took place two months later with follow-up arranged for six months’ time. However, a few months post-surgery, Lucy contacted the hospital to get an earlier appointment as it was clear that she was not happy with the shape and size of her breasts and her nipples were very high.

The surgeon reviewed Lucy and agreed that the postoperative photographs showed that the outcome of the revision surgery had not been significantly different to the initial surgery and advised Lucy to wait until the end of the year, which would be a further seven months, to see if her breasts would settle. However, Lucy waited over a year to hear anything from the surgeon. 

Lucy made a complaint, and the Transform clinic apologised and blamed the delay on the backlog caused by the Covid-19 pandemic. When the surgeon finally reviewed Lucy in the clinic, he attributed the poor surgical outcomes to her having ‘poor breast tissue elasticity’ and explained that high riding nipples were part of breast reduction surgeries.

The poor outcome of the surgeries significantly impacted Lucy’s mental health, and the following winter, she was taken to A&E having overdosed on antidepressants and paracetamol. Over a year later, Lucy was admitted to hospital with suicidal thoughts, and again a few days later to an acute psychiatric ward following a suicide attempt. 

Lucy instructed Anna Brothers, partner in the Leigh Day clinical negligence department. Amy Cassar-Pullicino, Leigh Day solicitor in Anna Brothers’ team, took the lead in the investigation of the case under Anna’s supervision.

Despite the surgeon’s views, Leigh Day’s team was able to demonstrate that the initial and revision surgeries had not been performed with reasonable care and skill and Lucy’s malpositioned nipples and oversized breasts could have been avoided if the surgeon had used better care and skill in the performance of the surgery.

The surgeon admitted liability for causing Lucy’s physical and psychological complications following the poorly performed surgeries and he paid £35,000 in compensation to Lucy.

Medical negligence partner Anna Brothers said:

“Lucy had to suffer because the treatment and care provided by the surgeon who performed her breast reduction fell below the standard which should have been expected. We are pleased to have achieved compensation for Lucy, which will help her pay for a further surgery to correct the poor outcome of her initial procedures. We hope this will assist her in putting this ordeal behind her.”