Garling & Co Settles Botched Double Mastectomy Case
Medical Negligence
2 February 2026
2min read
Key Takeaways
A botched double mastectomy settled for near half a million dollars after surgeon failed to provide correct pre-operative advice, perform surgery with reasonable care, and manage post-operative complications.
• Surgeon misrepresented cancer type, surgery approach, implant specifications, qualifications and predicted outcomes
• Complications included uneven implant positioning, nipple tissue necrosis, and severe life-threatening infection requiring emergency hospitalisation
• Plaintiff ignored when raising concerns about complications; emergency implant removal became necessary
• Settlement enabled revision surgery; compensation awarded for irreparable physical damage and ongoing care needs
In 2018, Garling and Co Lawyers resolved a complex medical negligence / medical malpractice case involving a botched double mastectomy.
The plaintiff settled out of court for near half a million dollars in compensation for her injuries. It was alleged the doctor in question failed to provide the correct advice and failed to undertake surgery and post-operative care with reasonable care and skill.
As a result of the alleged numerous failures of the defendant, the plaintiff sustained an extensive injury to her chest due to numerous complications that could have been avoided if due care and skill were exercised by the doctor.
The plaintiff had cancer in one breast, however, she was informed by the defendant that she ought to have both breasts removed as her cancer may return.
Facts as alleged by the plaintiff
After much consideration, the plaintiff agreed with the defendant’s surgical plan. The defendant then pressured the plaintiff into a further complex reconstruction.
The defendant made numerous misrepresentations to the plaintiff about the type of cancer she had, the way in which the surgery would occur, the type of implants, his experience, his qualifications and the outcome of the surgery.
It was alleged that due to the defendant’s lack of knowledge and expertise the surgery failed. The outcome was poor, the implants were uneven and improperly positioned, the nipples had died, the breast tissue was becoming necrotic and infection had set in.
The plaintiff was concerned about her heath and had made numerous complaints to the defendant. However, the defendant failed to act or address the plaintiff’s concerns.
The plaintiff was left to seek her own medical assistance which resulted in the plaintiff attending the emergency department where she was made an immediate inpatient with a severe life-threatening infection. The plaintiff underwent immediate removal of the implants.
It was alleged the defendant provided improper advice to the plaintiff, failed to properly diagnose the type of cancer, failed to exercise due care and skill during surgery and aftercare, and as such, had caused the plaintiff significant irreparable damage.
The resolution
Garling & Co Lawyers was able to settle the matter and mediation. The plaintiff was satisfied with the resolution. While the plaintiff cannot get back what she once had, the compensation has allowed the plaintiff to undertake revision surgery and move on with her life.
If you feel like you have a medical negligence breast surgery case call Garling & Co Lawyers for a free case assessment.
At Garling & Co we want to make the experience of making a medical negligence case as stress free as possible. We understand your claim may be of a sensitive and private nature, for this reason we have both female and male lawyers available to represent you in your medical negligence case.
Disclaimer
The information contained on this article is of a general nature only and is not intended to be legal advice. The law may have changed since the information was published. There is no intention to create a lawyer-client relationship and you should always seek legal advice about your own personal circumstances.
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