ARTICLE
21 March 2012

Breast Implants: Recalls, Risks and Rights

WH
Walsh Halligan Douglas
Contributor
Walsh Halligan Douglas
There has been media scrutiny on the risks associated with breast implants, particularly with PIP breast implants.
Australia Employment and HR
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By Megan Stanley

For many years there has been media scrutiny on the risks associated with breast implants. Recently, that attention focused on breast implants provided by a French company called Poly Implant Prothèse ("PIP").

The Therapeutic Goods Administration (the Australian Regulatory Authority) recently published information regarding PIP breast implants. Notification was given that silicone gel of an industrial, rather than medical, grade (and which had not been approved) had been used in some breast implants manufactured by PIP.

Unused PIP breast implants were recalled from use in Australia in early 2010. One question this raises is that if the recall was overlooked and some of those implants were later surgically implanted, then who is responsible for any later problems? Certainly, this current issue highlights the need for any surgeon who has used PIP breast implants to follow up with those patients.

Be aware of the risks

Irrespective of who manufactures breast implants, any breast implant surgery carries risks. Not only are there risks associated with the surgery itself, there are also risks of, for example, rupture, leakage, pain, infection and hardening of the tissue. All breast implants carry the risk of rupture and leakage; there are also risks associated with the removal and/or exchange of implants. Before undergoing any breast implant procedures, you should discuss the risks with your doctor.

A doctor has a duty to warn a patient about risks of a procedure or treatment, to enable the patient to make an informed decision. Importantly, as a patient you should ask your doctor to discuss the risks associated with any medical procedure or treatment.

It is also important to be aware that most private health insurance companies do not provide any rebates for breast implant procedures. A patient concerned by breast implant failures should speak to their treating doctor about who is to fund the costs of future procedures.

Seek advice and know your rights

Understandably, patients who have undergone breast implant surgery may be experiencing high levels of anxiety about the long-term health consequences of breast implants.

If you are concerned you should seek medical advice about your options. Your doctor may, for example, refer you for medical imaging to look for any signs that the implant has ruptured or leaked. This may give peace of mind to you as a patient.

You have rights as both a consumer, and as a patient. If you have had problems following a medical procedure you should speak to a lawyer so that you know your rights.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
21 March 2012

Breast Implants: Recalls, Risks and Rights

Australia Employment and HR
Contributor
Walsh Halligan Douglas
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