Breast implant scare – does it affect you?
Posted: Tuesday 10 January 2012
Recent concerns that thousands of women may have received breast implants made from unsuitable industrial-grade silicone raise the question of what remedies may be available to those affected, whether by this or similar cases. The Consumer Protection Act 1987 creates strict liability against a manufacturer of a defective product that causes the consumer personal injuries. Similar legislation has been used in the USA to claim damages against the manufacturers of implants.
However, manufacturers are not the only group who owe a duty of care when surgery such involving prosthetic implants is undertaken. As with any type of surgery a duty of care rests on the shoulders of the hospital carrying out the procedure. Medical employees (in this case a cosmetic or plastic surgeon) have a duty of care to avoid causing injury, harm or distress to their patient, and this duty may well encompass taking reasonable care that suitable materials are used in any procedure -- including use of a suitable grade of material when a prosthetic implant is introduced.
The effect of a ruptured implant may not only be visual and cosmetic, and one of the major problems associated with ruptured silicone breast implants is the formation of scar tissue. If the ruptured implant is not dealt with, the scar tissue can cause pain and changes in the contour or shape of the affected area. Some ruptures are symptom free, but others have caused everything from distorted shape to softening or hardening, pain, burning, tingling, swelling, numbness or redness in the affected area. A claimant may therefore have losses comprising the expense of a remedial procedure, loss of earnings for time off work, and damages for inconvenience, distress, pain and suffering.
If you are in any doubts about the safety of breast implants or other cosmetic surgery and would like to discuss your circumstances, Morton Fraser has both male and female personal injury and medical negligence lawyers who can advise you.
Find out more about our Personal Injury Team here.
Contact Jim Herd on 0141 274 1106 or jim.herd@morton-fraser.com
