NHS could help implant victims

Feb 21 2012

Women with faulty breast implants have been told they can turn to the NHS if the private firm which provided them attaches "unacceptable conditions" to their removal.

As many as 4,000 women in Scotland may have been given breast implants manufactured by the now-closed French company Poly Implant Prothese (PIP), which are filled with non-medical-grade silicone and could be toxic if ruptured.

Campaign group PIP Implants Scotland said private clinics have been "making patients sign gagging orders and waive their legal rights" in return for their removal.

Health Secretary Nicola Sturgeon said "unacceptable" conditions would be considered as a refusal to treat the women, and that they could then turn to the NHS.

The group's lawyer Patrick McGuire, of Thompsons Solicitors, said this was "a major step forward" for patients. He said clinics may try to refuse treatment, or impose unacceptable conditions, to pass the bill on to the NHS and that this would be "morally unacceptable".

He said: "If a company refused treatment when they ought to pick up the tab, we are already pursuing claims on that basis. We say as a matter of consumer law the women have all of the rights and remedies open to any other consumer goods, like cars: that's scans, removal, replacement and compensation."

The group met with Ms Sturgeon at Holyrood to make their case for a public inquiry.

Campaign spokeswoman Trisha Devine said: "We haven't quite got there yet. We still have more questions but today has been helpful and we have made progress."

A Scottish Government spokeswoman said women who cannot contact their private surgeon should contact their GP. She said NHS Scotland will do the procedure if there is a clinical need.

Ms Sturgeon said: "I can confirm that Scotland is closely involved in two UK-wide inquiries that are already under way and PIP Scotland can be assured that Scottish women's views will be taken fully into account."