Legal News

A government crackdown on cosmetic surgery clinics which go into liquidation to avoid paying out compensation for negligent surgery will mean former bosses of clinics will not be able to set up another clinic.

The Daily Mail reports that in 2012 the Harley Medical Centre went into liquidation after the faulty PIP breast implant scandal came to light. A total of 13,000 patients who underwent breast surgery at the chain of clinics could have been eligible for medical negligence compensation had the chain not folded.

The government proposals will prevent the directors of companies which go bust and deny patients the right to compensation from starting up a new cosmetic surgery company.

The crackdown will also target cosmetic surgery clinics which offer poor care to patients and then close down only to re-open under a new name – often just weeks after shutting.

In the case of the Harley Medical Centre, the company said that legal action over PIP could put the chain out of business and administrators were called in, the Mail reports.

To prevent future incidents involving negligent or poor care, the government is to introduce a “fit and proper person” test when directors apply for a licence to run a healthcare clinic or cosmetic surgery clinic. The scheme will be regulated by the Care Quality Commission (CQC) and directors in either the private sector or the NHS will face being dismissed from their posts if they are found unfit to practice.

Care and Support Minister Norman Lamb MP said the test would ensure that those leading health and care organisations were “up to the job”.

Campaign group PIP Action – which represents patients who received PIP implants – has said the government crackdown on poor care is long overdue. Spokeswoman Jan Spivey said:

“Finally, we can see the Department of Health is addressing some of the issues the PIP scandal exposed – but we are disappointed it has taken this long.

“We are still fighting to get compensation for victims of the PIP scandal – and this announcement will do little to help with that battle.”

In December 2013, the founder of the French firm which manufactured Poly Implant Prothèse (PIP) breast implants was jailed by a French court,

The UK government also announced in December that a register would be established to record every breast implant operation carried out in England, on the recommendation of NHS Medical Director Professor Sir Bruce Keogh.

The scandal over PIP implants developed after it was discovered in 2010 that they contained industrial grade rather than medical grade silicone, which could leak.

Around 50,000 women in Britain and as many as 400,000 worldwide are thought to have received PIP implants in breast augmentation operations and reconstructive surgery following mastectomy.

Duncan Lewis Personal Injury Solicitors

Duncan Lewis personal injury solicitors can advise on how to make a no win no fee claim for medical negligence and surgery gone wrong, including cosmetic procedures such as breast implant surgery and beauty therapies such as wrinkle fillers and anti-wrinkle treatments, or electrolysis.

Personal injury claimants usually have three years from the date of the injury to make a no win no fee claim for medical negligence.

For expert legal advice on no win no fee personal injury claims, contact Duncan Lewis personal injury solicitors on 020 7923 4020.