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Whilst the Government has confirmed that the NHS will replace PIP breast implants for those whose original breast surgery was carried out on the NHS, the vast majority of operations would have been carried out by private providers. Some providers have already offered to replace the breast implants without charge but many have not; either way, women will be wondering what they are entitled to.
In my opinion the most obvious claim against a private provider would be for breach of contract for the supply of goods and services. Section 14 of the Sale of Goods Act 1979 implies a term into the contract that the implants will be of satisfactory quality.
Clearly those terms have been breached and therefore damages will follow for the cost of removing and replacing the implants and for any injury caused either by the implants themselves, or the surgery.
Claims should be brought within 3 years of the date when the victim knew or ought to have known their implants were defective, so in most cases that will presumably be 3 years from about now.
This is a specialist field and anyone seeking more information should ensure that they approach a solicitor with genuine expertise in personal injury claims.
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