The law firm McAuley, McCarthy and Co yesterday stood by their position.
But hope came after her story appeared in the Record and a top Scots surgeon offered to properly reconstruct her breasts.
He also http://www.babycenter.com/breastfeeding-breast-pumps suggested there may be a basis for claiming against the surgeon who performed the reconstruction.
Josephine's lawyers were delighted but because Mr Dixon was not a consultant in the 1980s, it was decided to get another opinion.
But after the adverse medical report, cover was withdrawn.
His report gave a tremendous boost to her case, handled by Paisley solicitors McAuley, McCarthy and Co.
Three years ago, the Record told how Josephine, of Barrhead, Renfrewshire, had been left hideously disfigured after having her breasts removed.
Josephine's suffering was made worse after the breast removalwhen she underwent a series of botched operations to reconstruct herbreasts at Canniesburn Hospital, Glasgow.
Doctors attempted to rebuild her breasts from her stomach muscles and skin. It produced horrific results.
A WOMAN whose breasts may have been removed unnecessarily spokeyesterday of her agony as her battle for damages lay in ruins.
Shattered Josephine Day is still paying pounds 35-a-week for the loan she took to pay legal fees.
Josephine said: "This report appears to have put the lawyers off the case.
But the law firm - already paid nearly pounds 3400 - have told her there is no point in pursuing her case.
In tears, Josephine, 49, said: "I feel as though I have been abandoned and let down by just about everyone involved.
She says the surgeon, now retired, did not give her enough detail to make an informed choice.
"As far as I am aware, there was adverse medical evidence. But I cannot comment further because we no longer have the files."
Yesterday, Josephine said: "When Mr Dixon saw the state my body had been left in he was shocked. He was astonished that they had removed both breasts when I didn't even have cancer.
"It's as though the lawyers gave up at the first hurdle. They got their money and that seems to be all that matters."
He said: "Josephine has been let down by the surgeon who performed the operation. All in all, she has been badly let down by the whole system."
"I was never really given any option. I only found out two days later that both breasts had been removed."
She has been trying to sue consultant surgeon James McArthur, who performed the operation at Glasgow's Victoria Infirmary in 1981, ever since.
"But in my opinion, Mr Forrest was a colleague of Mr McArthur so he was never going to criticise him."
"I believe there may be grounds for proceeding against Mr McArthur for performing the original mastectomies without adequately informing Mrs Day of the problems and complication associated with this surgery."
http://www.thefreelibrary.com/Doctors+took+my+breasts,+lawyers+took+my+money+..now+they've+dumped...-a062134056
The second surgeon's report was from Sir Patrick Forrest who recalled he had worked alongside Mr McArthur and had great admiration for him. He said Mr McArthur acted properly.
Josephine said: "I don't know what the lawyers did for the past three years to run up bills of more than pounds 3000. All they seemed to do was to write letters."
"If I had known what lay ahead, I would never have had the mastectomy in the first place. And if I had known the complications that can happen with the kind of surgery I was given to reconstruct the breasts, I would never have agreed to it."
Yesterday, Josephine's MP Jim Murphy vowed to raise questions about the case.
As Josephine pursued her claim for damages, Mr Dixon took the unusual step of criticising a fellow surgeon.
She said: "I was told that the only thing to do was to have one breast off. But just before the operation, the surgeon told me if they found lumps on the other breast they would remove it at the same time.
Mr Dixon wrote: "I believe the course of action taken by her doctors was that which no ordinary doctor acting with ordinary care would have taken.
Senior partner Vernie McCusker said: "It may sound glib, but I am not going to work for nothing.
The respected Edinburgh Western Infirmary surgeon, Mike Dixon, was so appalled at her treatment he suggested she sue for damages.
Josephine was only 31 when he removed her breasts because she was in agony from a fibrocystic disease which caused painful lumps in her breasts.