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Scotland’s leading personal injury firm, Thompsons Solicitors, has said that clinics who offered the dangerous PIP implants could have a duty to pay compensation to those affected under consumer protection legislation.

The Sales of Goods Act 1979, offers consumers a series of legal rights, one of which is that with the sale of goods the item must be of satisfactory quality.  The law means that the thousands of Scots women who had their implants through private clinics could be entitled to compensation on top of having them taken out and replaced.

The comments come as the Firm launches a free advice line offering legal advice to anyone affected by the PIP breast implant scandal in Scotland.

The line, which will go live on Monday morning, will give people access to free legal advice and assistance with taking forward any compensation claims from the firm’s award-winning expert compensation solicitors.

According to reports around 4,000 people are believed to have received the dangerous breast implants through private clinics in Scotland.  Health Secretary Nicola Sturgeon has stated that there is no record of PIP implants being used in the Scottish NHS.

Partner at Thompsons Solicitors and expert in compensation law, Patrick McGuire, said:

“While the victims of this scandal are rightly being offered removal and replacement of these implants, their legal rights don’t stop there.  They deserve justice and compensation for what they’ve been through.

“There are many legal avenues to explore, but these implants in Scotland have been offered by clinics where there is a clear contract between the patient as a consumer and the clinic as a provider.  It is the provider’s responsibility to sell goods of a  sufficient standard and consumers have rights to protect them if this contract is broken.

“These implants were found to be unfit for medical use; I therefore believe that there is a convincing case that the victims of this scandal are entitled to compensation.

"The 'free' replacement which clinics are currently offering is simply not enough.   The rights of the women affected as consumers seems to be being ignored.  They have the same rights and protections as any other consumer.

"If you bought a car with a defect that caused you to crash you wouldn't accept that replacing the car alone would be enough.  You would expect compensation too.  The women affected by the PIP scandal deserve the same.

“We’re launching a free advice line for anyone who wishes to find out their legal rights and get the compensation they deserve.

“If anyone is concerned about their PIP implants they can contact us on 0800 0891331 to find out their legal rights.”

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