Tozers LLP solicitors have obtained damages for their client Mrs Gale from Torbay in connection with a failed augmentation breast surgery at the Transform Cosmetic Surgery Group, which recently featured in the Channel 4 programme Bums, Boobs and Botox.

Transform arranged a consultation at its clinic in Bristol with Mr Shiva Singh a plastic surgeon specialising in breast surgery. A breast enlargement procedure using implants was carried out on 19 January 2007.

Following surgery Mrs Gale developed a severe infection in her right breast. Mrs Gale had a consultation with Mr Singh but he failed to admit her for treatment of the infection, and removal of the implant. Instead he advised her to apply a kaolin poultice, an old fashioned treatment for minor sores and wounds. As a result Mrs Gale became so ill she required admission to Torbay Hospital for a week for intravenous antibiotic treatment. As a result of the infection tight scar tissue formed around the implant, a painful condition known as a capsular contracture. A capsulectomy to remove the scar tissue was performed and the implants were replaced. Mrs Gale however was very unhappy with the outcome which was far worse than that she had sought to remedy when first contacting Transform.

Having sought a second opinion from a surgeon in Exeter Mrs Gale was advised that she would need two further operations to remedy the lopsided appearance of her breasts and correct the significant drooping that had occurred on the right side.

Mrs Gale approached Tozers solicitors in February 2010 after Transform refused to cover the costs of remedial surgery. Having investigated the claim, in January 2011 Clair Hemming, senior associate solicitor, notified Mr Singh's defence organisation of the allegations of negligence including that the care provided by Mr Singh was negligent in failing to advise Mrs Gale of the risk of further drooping which could occur with larger implants. Mr Singh should have advised of the need for an uplift procedure known as a mastopexy. It was also alleged that Mr Singh's advice and treatment in relation to the infection which Mrs Gale developed was substandard, and that this led to the development of a capsular contracture.

In response, Mr Singh's solicitors made no admission regarding this negligence but agreed to pay a five figure sum in compensation to Mrs Gale which should allow her to proceed with the corrective surgery she now requires.

Clair Hemming, Mrs Gale's solicitor from Tozers LLP in Exeter, said: "I am extremely pleased that we have managed to secure compensation for Mrs Gale. With the rapid expansion of the cosmetic surgery industry over the last few years, Cosmetic Surgery Groups are in abundance and cosmetic procedures are becoming more affordable. People are lured by special offers, discounts, finance deals and even cosmetic surgery holidays advertised in glossy magazines and on the Internet. Such advertisements give the impression that procedures are straightforward and safe. However, the reality is all cosmetic operations involve complicated and precise invasive surgery. Whether surgery is performed on the NHS or paid for privately and is for medical or cosmetic reasons, a patient is entitled to expect a reasonable standard of care and treatment. Unfortunately in Mrs Gale's case, the care she received was very much lacking and this does appear to be a trend, as evidenced by the number of new claims we are handling."

A write up of this also appeared in the Express and Echo