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.
1. There is a limit on claims
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.
2. The Consumer Protection Act 1987
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.
3. The Sale of Goods Act 1979
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.
4. Under the law of negligence...
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.
- Clinicians should have been asking questions about the quality of the PIP implants or offering patients the choice to have alternative implants.
- Concerns were raised about PIP implants as early as 2006 but it was not until 2010 that the MHRA (Medicines and Healthcare products Regulatory Agency) issued a medical device alert to UK clinicians to cease using the implants. It may be possible to argue that the MHRA had failed in its regulatory duties to issue warnings.
5. Compensation may be claimed for a range of factors
This is not limited to the cost of removal and replacement. The following may also be part of a compensation claim:
- Pain and suffering due to the removal/replacement surgery
- Additional scars as a result of the removal surgery;
- Psychological trauma of discovering that they have a potentially defective implant in their bodies;
- Adverse effect on their health that they may suffer in the future as a result of the PIP implant and/or release of the industrial grade silicone following rupture. This is currently not proven scientifically but may include pains in the breast, pain to lymph glands or other health concerns; and;
- Other losses and expenses as a result of the removal and replacement surgeries, including travelling expenses, medication, loss of earnings and care and assistance.
