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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Breast Surgery and Implant Claims

England & WalesLast reviewed 18 September 2026

Breast surgery can produce complications without negligence, but a claim may succeed where poor technique, inappropriate implant choice, inadequate aftercare or a failure to explain the risks caused avoidable harm. Revision surgery costs and scarring can be claimed.

What Goes Wrong

Breast surgery claims commonly involve asymmetry or malpositioned implants, excessive or poor scarring, capsular contracture where scar tissue tightens around the implant, infection, nipple or skin damage, and implant rupture or leakage. Allegations include poor technique, unsuitable implant size or type for the patient's tissues, poor hygiene and inadequate follow-up.

Consent and Expectations

Direct Answer: You must be told the material risks, including that implants may need to be replaced and that further surgery is common, and given a realistic picture of the likely result, or the operation may be carried out without valid consent.

Under Montgomery, information is judged from the patient's perspective. Records of the consultation, any written information given, marked-up photographs and cooling-off time are useful evidence about what you were told.

Putting It Right

Compensation can include pain and suffering, scarring and disfigurement, the cost of revision or corrective surgery, and psychological injury, alongside financial losses. An independent plastic surgeon reports on whether care fell below the standard, and on what corrective work is needed and its cost.

Frequently Asked Questions

Can I claim if my breast implant ruptured?

Only if it resulted from negligence, such as a defective procedure or, in some cases, a defective device. Implants can rupture without fault, so expert evidence is needed.

What is capsular contracture?

A recognised complication where scar tissue tightens around an implant, causing hardening and pain. It is not itself negligent but claims can arise from poor management or failure to warn.

Can I claim the cost of revision surgery?

Yes, if the need arose from negligent treatment. An expert assesses what corrective surgery is reasonably required and its cost.

What if the implant itself was defective?

A claim may lie against the manufacturer or supplier for a defective product, as well as any negligence claim against the surgeon. Take advice on the product and the records.

What do I have to prove?

That the practitioner's care fell below the standard of a reasonably competent practitioner, or that you were not told of a material risk you would have wanted to know about, and that this caused you harm. An unhappy result or a recognised complication is not by itself negligence, so expert evidence is normally needed.

How long do I have to bring a cosmetic procedure claim?

Generally three years from the treatment or, if later, the date you first knew the injury was significant and connected to it. The court has a limited discretion to allow late claims, but you should not rely on it. Take advice early because evidence such as photographs and consent forms can be lost.

Can I bring a cosmetic surgery claim on a no win no fee basis?

Often, yes, if a solicitor thinks the claim has reasonable prospects. Legal aid is not generally available. Under a Conditional Fee Agreement you pay no solicitor fees if the claim fails, and a success fee capped at 25% of general damages and past losses is deducted if it succeeds. Claims need expert evidence, so ask how those costs are covered.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

  5. Limitation Act 1980, s.14 (date of knowledge)

    The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.

  6. Limitation Act 1980, s.33 (discretionary exclusion of time limit)

    A court can allow a personal injury claim to proceed out of time where it is equitable to do so. It is a discretion, not a right, and should not be relied on.

  7. Montgomery v Lanarkshire Health Board [2015] UKSC 11

    Doctors must take reasonable care to ensure a patient is aware of any material risks of a recommended treatment and of reasonable alternatives. Consent is judged from the patient's perspective, not by what a responsible body of doctors would disclose (the Bolam test).

  8. Health and Social Care Act 2008

    Requires providers of regulated activities, including surgical procedures at independent cosmetic surgery clinics, to register with the Care Quality Commission and meet its essential standards.

  9. Consumer Rights Act 2015, s.65 (no exclusion of liability for negligence causing death or personal injury)

    A trader cannot exclude or restrict liability for death or personal injury caused by negligence through a term in a consumer contract or a notice, so a waiver or 'enter at your own risk' sign does not defeat such a claim.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.