£40,000 Damages for Negligent Breast Reconstruction Following Cancer Treatment

Our client, a lady aged 52 from Gillingham, Kent underwent a lipo filling breast reconstruction surgery at the Spire St Saviours Hospital on the 1st August 2014. It was performed by Ms D Hassanally, General Surgeon specialising in Breast Reconstruction, and paid for privately.

Following the procedure, it was apparent to our client that the results were not what the treating consultant had indicated would happen.

Ms Hassanally failed to advise our client of the material risks involved in the lipo filling surgery and that it could be unsuccessful. Nor were alternative reconstruction procedures explained and offered to our client.

Furthermore, the lipo filling procedure took place just 7 months after the client’s radiotherapy treatment had ended, contrary to established Guidelines from the Association of Breast Surgeons and the British Association of Plastic Reconstructive Aesthetic Surgeons. Both advise that lipo modelling should not be performed until at least 12 months have passed since radiotherapy treatment.

Additionally, Ms Hassanally chose a donor site for the lipo filling which left an unsightly defect to the upper abdomen.

Due to the negligence, our client had to undergo a further more complicated reconstruction procedure and developed anxiety and depression.

The Claimant instructed Fairweathers to investigate pursuing a clinical negligence claim against Ms Hassanally.

Supportive expert evidence was obtained from a breast surgeon confirming that Ms Hassanally had been negligent in their opinion.

As of consequence, a Letter of Claim was sent to Ms Hassanally.

Ms Hassanally’s insurers responded to our client’s claim by admitting that Ms Hassanally had failed to advise upon and consent our client appropriately as to the lipo filling. They denied all other allegations of negligence.

We obtained supportive evidence from a Consultant Psychiatrist regarding the Claimant’s anxiety and depression arising from the negligence as well as a report from a Breast Surgeon to support the additional surgery that the Claimant had to undergo following the failed lipo filling procedure.

After extensive negotiations, the claim eventually settled in the sum of £40,000 in full and final settlement.

Kate Kennell who had conduct of the case commented:-

Being diagnosed with breast cancer is extremely difficult to come to terms with; having to deal with a negligent breast reconstruction on top of that was devastating for my client. I am very pleased that Ms Hassanally has been brought to account for her failings in these circumstances and hope that similar patients do not have to endure the same treatment that my client had to.”

If you or a member of your family has suffered as a result of negligence on the part of a health professional then please do not hesitate to phone us free on 0800 999 5585, request a call back or submit your case details.