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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have had a breast augumentation in March 2011 with a private

Resolved Question:

I have had a breast augumentation in March 2011 with a private company called Harley Medical which I paid for in full. The Hospital service was very poor and of a very low standard for what I expected. Subsequently, one of the implants ruptured within 10 months and I had to have this replaced with a like for like implant. This took 6 months to be resolved so I had it replaced in February 2013. More recently in June 2014, the implant ruptured so I had it checked with the same surgeon at Harley Medical. He confirmed that it needed replacing and advised that there had been a large number of complaints and problems with the material of these implants. The Head Nurse then advised me that to have replacement implants of a superior material would cost me a further £500. Against the Surgeon's advice, I paid this in good faith and signed an agreement for them to arrange my operation day for both implants.
However, 3 weeks later, after constant calls, they then advised me that I would have to pay £5000 for the operation of new implants or £4000 for their removal. I am very disappointed about this as I am in pain and I feel exploited by their poor service and constant changing of their rules at their will. I wish to report them to the relevant medical authority to get compensation and an apology for my poor treatment. Please can you advise, many thanks.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

How did you pay for the implants originally please?

JACUSTOMER-cwpt8ikj- :

I paid by Debit card

Alex Watts :

Thank you. What is it you want to achieve, I assume not to pay the £5000?

Alex Watts :

When you were told £500 how was that communicated please?

JACUSTOMER-cwpt8ikj- :

Face to face at a meeting. I was given a receipt which I have

Alex Watts :

And you were told that this was the cost - £500 to do the work?

JACUSTOMER-cwpt8ikj- :

I was told at the time that if I had the defective implant removed for one of the same kind, it would be free. However, I was told that for £500 I could have both implants replaced with a superior material.

JACUSTOMER-cwpt8ikj- :

Yes

Alex Watts :

Ok - you need to write to the Hospital and set out your position and what happened.

Alex Watts :

You can say that they are in breach of Section 13 of the Sale and Supply of Goods and Services Act 1982 by failing to act with all reasonable skill and care

Alex Watts :

You can also say that you consider the surgeon has been negligent

Alex Watts :

You need to say you want the work done for the £500 and if they refuse you will go to Court.

Alex Watts :

If they do refuse then you can issue proceedings.

Alex Watts :

You would need to complete form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

The Court would then issue a claim and a copy to be sent to the other side

Alex Watts :

They would have an opportunity to defend. What you are asking is an order for specific performance - that is they carry out the work for the £500 which you have paid

Alex Watts :

The Court will list the matter for hearing and decide whether to make an order doing that

Alex Watts :

If the Court does and they refuse, this can be considered contempt of Court which they can be warned, fined or sent to prison

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-cwpt8ikj- :

I have arranged a face to face meeting with them to discuss this on Friday. I will request them to honour the original agreement. If they fail to do so then I will follow this course of action as outlined by yourself, many thanks.

Alex Watts :

Great. Can I help with any else today?

JACUSTOMER-cwpt8ikj- :

After the last meeting with the Manager when I paid the £500, I was waiting for the confirmation for the operation and was told by her that the decision would be ratified by her Superiors. Subsequently, in a later conversation, she informed me that her Superiors would not ratify this and advised me that I had to pay £5000 for the change of both implants or £4000 to remove them, this seems very unfair. Is such a practise allowed?

Alex Watts :

Indeed.

Alex Watts :

I don't think it is right. The price quoted was £500 now they want more

Alex Watts :

This is not right - you were informed it was £500 and that is the price you should pay

Alex Watts :

This is breach of contract

Alex Watts :

Does that help?

JACUSTOMER-cwpt8ikj- :

Yes, that makes sense. I will outline these points on Friday and may get back to you after the outcome if I need further advice. Thanks again and have a good evening.

Alex Watts :

Thank you. Please remember to put any future questions for Alex W and I can pick them up

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Alex W.

I hope you are well. As discussed, we now had a face to face meeting with the Manager of the Private Health Care Provider and we were not happy with the outcome. We have requested at their advise, copies of all Medical records and the terms and conditions signed so we can check thoroughly and refute why they refuse to correct the faulty implants at no extra cost.

Expert:  Ash replied 2 years ago.
Great. Thanks for the update.
Alex
Customer: replied 2 years ago.

Thanks for the reply. We recorded the whole meeting which went on for 14 minutes. The Manager explained that the original terms and conditions signed by myself for the original operation showed that I was allowed one free operation/remedial work but would be charged for further operations. For this reason, her board of Directors refused to finance the necessary operation to replace the faulty implant. My original operation was in March 2012 and my left implant was replaced FOC in February 2013. My right implant then became faulty earlier this year.

We explained that they still had a duty of care to follow through on these implants and it is no fault of mine that both went wrong. She admitted that they no longer use these type of implants. This would agree with our earlier meeting with the Nurse and Surgeon last month when I was told that there had been a lot of problems with these implants and they had been withdrawn. I then asked her why the Nurse and Surgeon agreed to replace both implants with suitable replacements for a total of £500 which I paid. She advised me that this £500 was only a booking fee for the hospital operation which contradicted what I was told. I explained that this was a lie and a breach of contract and that I had witnesses to what was agreed. Her reply is that they do not accept verbal witnesses and you have to stick to what is written. For this reason, I requested copies of all documents so I could see clearly what was agreed and then proceed with my complaint in a formal manner.

Finally, she outlined the complaints procedure which involves 3 stages:- The first one is to examine all documents and make a complaint in writing to her directly. Then my complaint would be directed to her Regional Director (who is the one who already refused to finance the operation) and then finally to another Regional Director who would be more neutral. If we have no satisfactory answer, then we could proceed with court action. The way it was put was a bit intimidating. We therefore left it at that.

It later turned out that she never gave me a signed release document for these documents to be released. This was sent to me on Monday and I duly signed and scanned these over today. She also said to me on the phone this week that she is waiting for an answer from her head office about my situation. However, after the treatment I have had, I do not want to do business with them anymore.

What do you think?

Expert:  Ash replied 2 years ago.
I still think you have a claim.
Alex
Customer: replied 2 years ago.

I agree what do you think the outcome could be? I need to have the faulty implant removed on medical grounds but have no confidence with them to get it resolved. I would want to go somewhere else but don't have the money to do so. Would I get compensation from them if I win this claim?

Expert:  Ash replied 2 years ago.
Its hard to say, I have not seen all the evidence so it would be unfair to give you a firm view.
Yes you would get compensation if you win.
Alex
Customer: replied 2 years ago.

Hi Alex, I hope you are well and thanks for your help so far. I wrote a long letter of complaint as per their procedure clearly showing all the issues I had and how unhappy I was. I also highlighted that they had shown a breach of contract by their actions so far.


Yesterday, I had a response, they agreed not to charge me extra and to proceed with the agreed operation as per what was agreed in late August this year. I am happy with this but am just concerned that due to the original operation being unsuccessful and the problems I have had with them before, whether to proceed with this. What do you think? Is this the best outcome or should I take it further?

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