Spanish Boobs

0james0

Sorry I don't have any pictures to show you! But I need advice all the same, helping out my sister inlaw with her problem.

Here are the facts:

- Breast implants and surgery purchased 7 years ago from a Spanish cosmetic surgery clinic. Implants sold as having a 20 year guarantee.

- Paid for in cash/ debit card

- One of the implants has ruptured and essentially disintegrated inside her.

- The surgery have said that as the implants are within their warranty period, they will replace the implants for free. BUT, she will have to bear the cost of the anethesitsit and surgeon again at a cost of £3000. (the surgery 7 years ago was £4000)

- She is looking for either a refund or a completley free replacement.




My partner had a similar problem, however her surgery was in the UK and with the much publicised PIP implants. Once we had shown them to be faulty (ruptured) the clinic have just replaced them for free.

The Spanish surgeon has verbally confirmed these are not PIP implants, however has not been forthcoming with the original paperwork to confirm this.

Does Spain, or more likely the EU, have similar consumer goods acts to ours? Statutory rights, not fit for purpose etc? As soon as I quoted these to our UK surgery, they replaced for free in an instant.

Essentially the Spanish surgeon is passing the buck to the manufacturer and claiming no liability at all. I feel ultimately as the retailer and by choosing which product they wished to sell, they should take responsibilty and if they have issues with the manufacturer, they should take that up with them themselves.



Thoughts?

wealdroam

The United Kingdom European Consumer Centre may be able to help you.

In particular, this page has some ideas.

ThumbRemote

I suspect in this case you will be better off seeking professional legal help. The law in Spain is almost certainly going to be different to the UK (although there will be many similarities). Even if you understood the complexities of the law there, and had rights you needed to assert, navigating through their legal process will be very different to the UK and may need a good grasp of the language.

Hintza

I note posts are being removed here from being facetious, surely the title of this thread makes the whole thread facetious?

System

Hintza wrote: »

I note posts are being removed here from being facetious, surely the title of this thread makes the whole thread facetious?

I suppose the OP could have reported the thread and asked for them to be deleted for going off topic?

0james0

I haven't reported anyone or any post. Although I can see some opinions from people have been removed, most likely becasue they were opinions on sugery, not consumer rights.

fluffnutter

0james0 wrote: »

I haven't reported anyone or any post. Although I can see some opinions from people have been removed, most likely becasue they were opinions on sugery, not consumer rights.

Well, on that note, shouldn't she be concentrating on getting her problem sorted quickly, and not worrying so much about the consumer rights issue?

Our bodies aren't designed to have free-flowing silicone seeping here, there and everywhere. She needs to get those implants out

0james0

fluffnutter wrote: »

Well, on that note, shouldn't she be concentrating on getting her problem sorted quickly, and not worrying so much about the consumer rights issue?

Our bodies aren't designed to have free-flowing silicone seeping here, there and everywhere. She needs to get those implants out

I agree. It certainly is worrying.

The local hospital have been reassuring about the risks and time this can continue for before it becomes a problem, but it needs to be resolved quickly none the less.

InsideInsurance

With the joys of the NHS they would probably fix it here free of charge anyway as she can undoubtably claim psychological issues based either on the worry of the leaked material or the now asymmetrical nature of her chest.

Consumer law on the continent is certainly different from ours. Most would argue that the British law is one of the most protective for consumers but I am sure the reality is that they are simply different.

You could consult a solicitor with knowledge of spanish law but you need to be careful that you dont quickly exceed the cost of the replacement in legal fees

0james0

InsideInsurance wrote: »

With the joys of the NHS they would probably fix it here free of charge anyway as she can undoubtably claim psychological issues based either on the worry of the leaked material or the now asymmetrical nature of her chest.

Consumer law on the continent is certainly different from ours. Most would argue that the British law is one of the most protective for consumers but I am sure the reality is that they are simply different.

You could consult a solicitor with knowledge of spanish law but you need to be careful that you dont quickly exceed the cost of the replacement in legal fees

That's the worry, that a good expert in that area may well cost more than a new operation in this country.

The NHS have offered to remove them for free, but not replace. We have even tried to ask the Spanish clinic to send over the implants and for the NHS surgeon to pop the new ones in while they take the old ones out. Unsurprisingly, neither party was keen to do that! (which I don't blame them)

pulliptears

0james0 wrote: »

That's the worry, that a good expert in that area may well cost more than a new operation in this country.

The NHS have offered to remove them for free, but not replace. We have even tried to ask the Spanish clinic to send over the implants and for the NHS surgeon to pop the new ones in while they take the old ones out. Unsurprisingly, neither party was keen to do that! (which I don't blame them)

So the NHS will remove them for free? Can't see the issue then to be honest.