If you're looking for legal redress over PIP breast implants, make sure you know what you could be entitled to
If you've been affected by the PIP breast implant scare, you may wonder where you stand in terms of seeking compensation.
Sharon Lam of MTA Solicitors LLP says, 'The first step for women is to speak to their doctor or clinic regarding their health. For those wanting to establish their exact legal position, they should contact a solicitor with experience in personal injury/clinical negligence. We’ve seen a rise in women contacting us over the past two weeks as the Government’s position has slowly become clearer.'
These five points from MTA Solicitors LLP should help you understand your legal position.
Most claims against private clinics or private hospitals are likely to be run on the basis of breach of contract, for which the limit is usually six years from the date contractual duties are performed ie when the implants were fitted. A claimant's case could also be regarded as personal injury claims, which means that the limitation is three years from a claimant’s date of knowledge that she was fitted with a defective implant.
Private or NHS patient can take proceedings against the manufacturer of the PIP implant if they can show that they suffered personal injury as a result of the implants. However, as the manufacturer has gone into liquidation, there are unlikely to be any assets available to pay for compensation. It is unclear whether the company’s public liability insurance would cover such claims. Hence this option may be fraught with difficulty.
This is by far the most straightforward way to recover damages for patients fitted with PIP implants at a private clinic. The Act states that the goods have to be of a satisfactory quality and this includes that they are safe and durable. It can be argued that no reasonable person would regard implants containing industrial rather than medical grade silicone as satisfactory.
Both private and NHS patients can take action against their respective hospitals if they can show that the clinics or hospitals were negligent in using the PIP implant.
This is not limited to the cost of removal and replacement. The following may also be part of a compensation claim:
Posted: 22/10/2012 at 14:39
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