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Implants

If you or a member of your family is suffering from a personal injury caused by a defective implant, or one that has not been correctly inserted, our specialist personal injury lawyers may be able to help you claim compensation. Contact us today on 0800 032 8511 for claim advice, or by completing an online compensation claim enquiry form.

Types of Implant
Injuries Caused by Implants
Making a Compensation Claim
Compensation
Our Personal Injury Lawyers

Types of Implant

There are many types of implant, some used for cosmetic purposes and others for medical reasons. Examples of some commonly used implants are:

Cosmetic

Breast Implants
Buttock Implants
Facial Implants (Cheek, Chin)
Calf Implants
Hair Implants
Pectoral Implants
Injected Implants / Fillers (Botox®, Restylane®, Collagen)

Medical

Cochlear Implants (inside ear hearing devices)
Contraceptive Implants
Orthopaedic Implants (replacement hip/knee joints)
Heart Valve Implants

Dental Implants

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Injuries Caused by Implants

Unfortunately, implants are occasionally found to be defective, unsafe or unsuitable for their purpose and this can cause personal injury to people that have had them fitted. There is also a small percentage of cases where there are problems with the surgery when an implant is inserted, leaving patients with undue scarring, injuries and sometimes the need for further surgery.

If a person is injured as a result of clinical negligence on the part of the surgeon who inserted the implant, or because the implant was defective, they should be entitled to claim compensation.

Types of injury that can sometimes occur include:

• Infection
• Bleeding
• Excessive scarring
• Anaesthesia complications
• General surgical complications
• Haematoma
• Deflation, leakage or rupturing in silicone or saline implants
• Necessity for further surgery if a defective implant has to be removed

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Making a Compensation Claim

If you have suffered a personal injury or illness caused by an implant, it may be possible to make a claim for damages. 

In every case, medical evidence will be required. It is therefore important to seek the prompt advice of an expert personal injury solicitor if you believe that you may be entitled to make a claim.

If you have been injured by a defective implant, try to record as much information as possible and keep details of any medical treatment. It is also useful to retain receipts for any injury related expenses.

The type of claim that you could make will depend upon whether there was negligence on the part of your surgeon, or if the implant itself was defective.

Medical Negligence Claims

If you are making a personal injury claim against medical or nursing staff, it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.

Clinical negligence is the term used to describe treatment by a medical professional that has fallen below the accepted standards of care. The important thing to establish is whether the errors in your medical treatment have caused you to be harmed, or if the problem you suffered is a recognised risk of the procedure (i.e. something that naturally affects a certain percentage of patients) and not necessarily caused by negligence.

For a medical negligence claim to be successful it has to be proven that no reasonable medical professional would have provided treatment in the same way, that the treatment received fell below the accepted standards of care and that this caused some form of injury to the patient.

All operations carry with them a certain risk of complications, some of which are unavoidable. Some patients however, will go through unnecessary pain and suffering because of surgical errors. 

If damage caused during an operation goes unnoticed and untreated, this may also constitute negligence. As an expert in clinical negligence, your lawyer will be able to advise you on whether or not the problem you suffered would give rise to a compensation claim.

Product Liability Claims

If you are claiming against the manufacturer of the implant, you have to be able to show the implant was defective or not acceptably safe.

The MHRA are an organisation responsible for the regulation of medicines, medical devices including implants and some other therapeutic products and services.  Their purpose is to protect the health of the general public by ensuring that medical products and medicines are suitably safe.  Details of medical products that have been recalled and issues with medical products in use can be found on the MHRA website.

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Compensation

There are two elements to a compensation award. The first is for the pain and suffering you may have gone through and what is known as loss of amenity. This is called general damages and related to the pain and suffering you may have gone through and any inability to do things after the accident that you used to be able to do before (eg making meals, shopping, taking children to school etc). The award for loss of amenity can be for a short period after an injury or for ever if that is what the medical evidence supports.

The second element of a compensation award is for your losses and expenses and is known as special damages. It is important to keep receipts for any expenditure you have related to the accident, so that these can be reclaimed. The aim is to put you back in a position financially as if the accident had never occurred.

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Our Personal Injury Lawyers

The Legal Line lawyers are experts in all areas of personal injury, with extensive experience in recovering compensation for the victims of injuries caused by defective implants and medical negligence. They can provide specialist claim advice, assistance and guidance in helping you to pursue your claim to the best possible outcome.

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