Case studies

Last minute consultation leads to unsuccessful breast implant surgery


We are currently investigating a claim concerning a failed breast augmentation procedure.

Our client sought advice about changing the shape and size of her breasts after being unhappy with them for some time. She attended an initial appointment to discuss her options and was shown sample implants, which she believed represented the full range of implants available to her. She explained to her surgeon the cup size that she hoped to achieve with surgery but no final decision was taken as to which size or type of implant would be the best for her. Some months later, she was booked for surgery. 

On the day of the operation, our client was asked to confirm which size implant she wanted, but no samples were available to view and no further advice was given. In the circumstances, she felt under pressure to make a decision as she was fully prepared for surgery when consulted. She believed that the implant would be no bigger than the ones she had seen initially and that the surgeon knew the cup size she preferred. She agreed to go ahead and picked a ‘mid-range’ sized implant. After the surgery, she discovered that a much bigger implant had been used than she had been shown initially and believed that she had chosen, leaving her with large and, in her view, unsightly breasts. 

Our clinical negligence specialists have concerns about the nature and extent of the advice given in the pre-operative consultation, as well as the fact that she was asked to make a very important decision, without being fully informed, at the doors of the operating theatre. 

The case is proceeding under a conditional fee agreement.


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Penningtons Manches Cooper LLP

Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority.

Penningtons Manches Cooper LLP