Private surgery that didnt work

When I was around 15 years old, I had a privately funded operation for gynecomastia - or to save googling and face the embarrassment, I had a breast reduction surgery. I remember very little about it, only that me and my family were assured of noticeable results that would be permanent.



For 13 years I have suffered silently with the results, or lack thereof. I don't think any attempt was ever made by the consultant to find the cause of the problem, and any improvement was minimal either way. Now I am wanting to stand up and fight back. I can't afford another surgery, and I dont feel like it is fair to pay again when someone else was sloppy in their diagnosis and treatment. So is there any legal action I can take given the time frame being so long?
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  • boo_star
    boo_star Posts: 3,202
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    When I was around 15 years old, I had a privately funded operation for gynecomastia - or to save googling and face the embarrassment, I had a breast reduction surgery. I remember very little about it, only that me and my family were assured of noticeable results that would be permanent.



    For 13 years I have suffered silently with the results, or lack thereof. I don't think any attempt was ever made by the consultant to find the cause of the problem, and any improvement was minimal either way. Now I am wanting to stand up and fight back. I can't afford another surgery, and I dont feel like it is fair to pay again when someone else was sloppy in their diagnosis and treatment. So is there any legal action I can take given the time frame being so long?

    I would imagine the Limitations Act would apply here and you have no chance of persuing the doctor/practice legally.
  • 6 years as above, sorry :(
  • MovingForwards
    MovingForwards Posts: 16,861
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    At around 15 years old your body was still growing, therefore you shouldn't have had the operation.

    Only options are save for another one now you are an adult or speak with your GP and see if you can get it done by the NHS on health grounds; rare but does happen.
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  • davidmcn
    davidmcn Posts: 23,596
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    6 years as above, sorry :(
    Starting from when the OP turned 18, I think - but even so they'd be out of time, assuming the problems haven't come to light much more recently (which doesn't seem to be the case).
  • First stop would be to request a copy of all your medical notes etc.
    You are currently relying on memory for what was and wasn’t said/discussed.

    As above tho you are out if time to take any action.
  • lincroft1710
    lincroft1710 Posts: 17,545
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    Isn't the medical negligence time limit 3 years (in this case from the age of 18)?

    I would have thought that having such a personal operation only 13 years ago, a patient would still remember many details.
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  • CakeCrusader
    CakeCrusader Posts: 1,118 Forumite
    Isn't the medical negligence time limit 3 years (in this case from the age of 18)?

    I would have thought that having such a personal operation only 13 years ago, a patient would still remember many details.


    Yes, it's 3 years, there are exceptions though. A child has to turn 18 for that 3 years to start ticking, so they have until the age of 21. It's possible to start proceedings after 3 years but it's a massive gamble. It's probably best to speak to a solicitor rather than people on the internet to be honest. Most offer a free initial consultation.
  • badmemory
    badmemory Posts: 7,631
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    At around 15 years old your body was still growing, therefore you shouldn't have had the operation.

    Only options are save for another one now you are an adult or speak with your GP and see if you can get it done by the NHS on health grounds; rare but does happen.


    I've only just read the beginning of this thread & my first instinct was who on earth agreed to this procedure when you hadn't stopped growing. It should have been 19 at a minimum or done with a warning that it would need doing again 4 years later. The surgery probably did work, that is not your issue here, it was that is was done way too soon.


    OP were you involved at all in the decision making? You certainly sound very vague on what happened. Perhaps it is time for a serious conversation with which ever family member was arranging this for you.
  • OP - you need to discuss health implications with your GP as per Movingforwards's post #4.


    You are almost certainly out of time regarding any legal redress against the original surgeon.


    I assume surgery was authorised by your parents?


    (Was surgery in the UK? You could try complaining to the relevant governing body, but not sure it will get you anywhere now if surgery was properly authorised and you are only complaining ten years after reaching 18 years of age - going by your OP).
  • Dr_Crypto
    Dr_Crypto Posts: 1,211
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    It would be very unusual if not unheard of for a surgeon to give an absolute guarantee about the efficacy of a surgery, certainly on something cosmetic and even more so with a pre-pubescent.

    You should discuss with your GP in the first instance regarding whether the procedure might be covered in the NHS. It is harder to get cosmetic procedures covered now but it isn’t unheard of. It may require a special application to the CCG.

    I’d personally forget about the legal route for 2 reasons: (1) you’re out of time and (2) there’s no reason to believe the surgeon was negligent.
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