Implants Scandal - Andrew Lansley Admits Government Has No Power To Force Private Clinics To Replace PiPs

Pip March

The Huffington Post UK   First Posted: 15/01/12 10:19 GMT Updated: 15/01/12 10:55 GMT

The Health Secretary has admitted that the government has no powers to force private clinics in Britain to replace PiP implants. Andrew Lansley was speaking as the government published newspaper adverts promising that the NHS would support all women who'd have the implants, even though taxpayers won't be replacing implants put in for cosmetic purposes.

Yesterday women marched on Harley Street clinics in the West End of London after many of them said they would not be replacing the PiP implants, which have sparked fears they could rupture.

Lansley told Andrew Marr on BBC One that while the government was powerless to act, the private clinics had "clear legal obligations...as well as a moral obligation" to help their former clients, implying that the onus would be on women to sue the clinics who refused to help them.

"The argument that they somehow can't afford to do so begs the question, 'Where was their insurance?'" he added.

Lansley reiterated that the NHS would remove cosmetic PiP implants, but wouldn't replace them unless they had been put in for clinical reasons.

"Talk to your GP and on the basis of that the NHS can give you access to investigation and if you need it, removal," he said, but reconfirmed: "It is not the role of the NHS to replace implants purely for cosmetic purposes."

"This is not an urgent procedure. There is no clear evidence of increased risk. There is no link to cancer. The French authorities are very clear there is no link to cancer," he said.

"I know women are worried, but I don't think they should proceed on the basis that there is an urgent need for the removeal of these implants."

The government's advice on PiP implants reads: "There is not sufficient evidence to recommend routine removal. We have always recommended that women who are concerned should speak to their surgeon or GP. The NHS will support removal of PIP implants if, after this consultation, the patient still has concerns and with her doctor she decides that it is right to do so."

Earlier this month Fazel Fatah, a member of the government review panel on PiP implants, said a "significant number" of implants could have ruptured inside women without their knowledge.

He urged the government to make it "crystal clear" whether women should have their implants removed.

And fellow panel member Tim Goodacre said women should have the implants removed to prevent "uncertainty".

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The Health Secretary has admitted that the government has no powers to force private clinics in Britain to replace PiP implants. Andrew Lansley was speaking as the government published newspaper adve...
The Health Secretary has admitted that the government has no powers to force private clinics in Britain to replace PiP implants. Andrew Lansley was speaking as the government published newspaper adve...
 
 
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06:09 PM on 01/17/2012
so in reply to all the tax paying complainers, if as you all say the ladys should foot the bills to have the surgery carried out, does this also mean every smoker who smoked a cigerette that they were aware could cause problems ending in lung problems , cancer , obese people who ate several more portiens knowing that by putting it in there body will end in hospital care, the list is endless and im quite sure every tax payer has had a family member have some kind of nhs care brought on by them selfs,
11:00 AM on 01/16/2012
The French company that supplied the shoddy implants should pay for their replacement.
10:50 AM on 01/16/2012
Could still be a legal problem. What if these implants had the EC and BSI Kite safety approvals - it then falls back on the Government if the approval turned out to be deficient. Greatest lesson learned is - this is the true face and cost of privatised health which is a licence for the providers and the legal system to print money. After all, this is how it's done inthe good old USA and we love to emulate that country with complete blindness to the flaws in the system. "Caveat emptor".
09:42 AM on 01/16/2012
I can't see there's an issue here, Unless these implants were used in a notional health hospital for reconstructive or some other form of necessary surgery, which they weren't They were used in private clinics by narcissistic women to satisfy their vanity or in an effort to fight gravity or improve their body image?

So as I see it the national health service is under no obligation to remove or replace them in the event that they develop a fault. That is the sole responsibility of the supplier or his agent. Much like my new oven is to the manufacturer or their agent..

However if they are an immediate risk to life the NHS has a duty to remove them, but not replace.

Lastly. The argument put up by said private clinics that many will go bankrupt holds no water..

Because that's what happens to thousands of companies every day when they supply faulty goods, or offer a poor service. Or to put it another way, That's what happens when you buy a load of faulty cheap or shoddy components in an effort to improve profit..

Then it's up to you to put things right at your own expense, or go bankrupt. Unless your a bank of course and support the economy, and not just the and sagging flesh of vain narcissistic women.
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BuxtonBlueCat
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10:15 AM on 01/16/2012
I entirely agree with all your points. Too often the taxpayer funds expensive and irrelevant items, thereby cutting what should be an efficient NHS.
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minimemo
Can I be your friend...if they let me out...
09:27 AM on 01/16/2012
Remove their license to practice - if they can afford clinics in Harley Street, they can afford the insurance premiums but I think if people check almost none of them have it!
Kraptonfactor
They're coming to take me away ha ha, hee hee, ho
01:56 PM on 01/16/2012
I was just about to make that point too, mimimemo. I think anyone entering into cosmetic surgery has to read the small print and make sure they are going to have proper aftercare. And implants need to be replaced after about ten years anyway so the women who had them done must have put some money aside to pay for it, they would have been informed at the time that they were not going to last forever. Unfortunately, most women are so keen on having these procedures done that they rush into them without proper research.
09:25 AM on 01/16/2012
Right, well let's give the financial sector a slating here too, 'Insurance'. everyone who trades has to have public liability, so why not claim on the private surgeon's insurance, surely they would have to pay out
majdf18148
I have nothing to declare but my curiosity
07:45 AM on 01/16/2012
Leaving aside the argument about whether the NHS should help those women whose implants were inserted by companies who say they can't or won't replace them free of charge, the Govt has a fairly powerful tool it can implement.It can take away those companies' license to operate medical services under the guise of failing to meet safety criteria in the event of failure of the devices used or in the event of neglect or errors on the part of the operating doctor. The NHS is legally obliged to meet these criteria and some department within the service, the BMA et al must be inspecting and licensing these private companies to ensure public safety. If they face closure they might reconsider their options. The trick would to make sure they didn't reopen under a different name!
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07:34 AM on 01/16/2012
If private clincs put the implants in and they were faulty they should stand any costs involved in correcting their mistake,they made a profit out of using cheap poor quality implants and they should bear the cost,if it puts them out of business thats tough, they should have done the job properly in the first place.
07:03 AM on 01/16/2012
If these were for medical reasons these women would have had it done on the NHS and fine the NHS should remove and replace them. But the ones that have been done for Vanity or is that the right word maybe it is because they all want to look like katie price and lets face it who in their right mind would want that, anyway these people should pay for it themselves be it just the removal or the removal and replacement, next they will be asking the NHS to repair their Nose Jobs their Chin/Cheek Jobs when they go wrong, these women should remember no matter how much plastic they have they will still get Old get a grip and stop thinking that you can have youth by being plastic the only thing you look is a freak and you blokes that prefer all the false well there is someting wrong there as well natural body parts have movement plastic stand still just like a Barbie Doll.
11:30 PM on 01/15/2012
Andrew Lansley could simply say that to control standards in cosmetic surgery in the private sector in the future he will have to consider legislating for a licencing system - all private practicioners would have to be licenced in future - and the licence fee would be circa £5 million a year each - somehow I have the feeling that Harley Street would magically find a way of resolving this problem at zero cost to the NHS and in double quick time !!!!
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minimemo
Can I be your friend...if they let me out...
09:29 AM on 01/16/2012
I believe the do have a licencing system in place, what they don't do though is check regularly that they have public liability insurance, which most of them don't!
12:02 PM on 01/16/2012
Well the answer is to make professional liability insurance compulsory and a checking system to see that it is enforced - and serious criminal penalties for not having it - what should be made certain is that never again should the NHS be faced with even the possibility picking up the pieces for failed private treatment - we may not be able to undo the past but we can protect the future in this way
10:11 PM on 01/15/2012
So, can you help a poor confused man with no boobs and no implants? The clinics were breaking the law, failing in their responsibilities, but the government which creates and passes the laws are powerless to act and if the women are in trouble, they need to bring private, helleva expensive, legal action which they can't afford because the government have made it too expensive. Don't tell me the government can't fund a test case as far as it takes, if you try to do that, remember it means I'm a much better liar than you are. The government can fund one test case, that is all it would take. All women involved, lobby your MP
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BuxtonBlueCat
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10:20 AM on 01/16/2012
That would be like spitting into the wind. I have never found any MP who is worth their vote; sorry to be so cynical. When the tax man decided I had not paid enough tax, despite always being PAYE - it was the taxman's error which they accepted, my MP was useless at protecting / defending me. I had to pay back this money over two years, depleting what was already a low income.
10:07 PM on 01/15/2012
How many NHS patients awaiting surgery to save their lives are going to die because all the surgens are tied up removing these implants, let the NHS sort out the ones implanted by them for medical reasons and the rest can finance their own. If they can afford to have them put in in Harley St they can afford to pay again VANITY shear VANITY.
01:43 AM on 01/16/2012
well said, and it is already happening
09:49 PM on 01/15/2012
If a woman got the implants for her own personal vanity they should foot
the bill to get them removed. If it was done on advice from the NHS the
NHS should pay the costs. The tax payer should not foot the bill because
private clinics refuse to put right the wrong they did.
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Mickey Mouse 1
There are no lies or deceit on a chess board.
09:44 PM on 01/15/2012
The clinics who put in the dodgy implants should be made to take them out again. Taxpayers should not be be made to pay for the vanity of women.
09:42 PM on 01/15/2012
The women's contract is with the supplier of the implants (ie the medical group), not with manufacturer.