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UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I had an operation three years ago in July this year, to remove

Customer Question

I had an operation three years ago in July this year, to remove my breast implants which had broken up, after being put in 34 years ago, on the n.h.s.I had them taken out,as they had been causing me a lot of pain,the n.h.s said they would pay to have them taken out, and would replace them, as they had put them in inn the first place.
Owing to the cutbacks with the n.h.s they changed their minds, and I borrowed £5,800 to a private company to have them taken out, and some smaller ones put in..

I was supposed to have had a five year guarantee with them...I had had the original ones in for over thirty two years,and they had been fine, for up to thirty years when I was told they had ruptured and broken up, I was also told they had started to leak.

After the operation to have the new implants put in,I noticed that the right breast looked pinched underneath, my sister and daughter both thought the breast looked different to the left one. I then developed an infection in the right breast, I went to my doctors, and the infection cleared up with antibiotics.
Shortly, after this, I developed some small lumps along the scar tissue, I went back to see the plastic surgeon who didn't know what they where,but he sent me to see a breast specialist who did an ex ray.
I then had a needle put into the scar tissue, and some cells removed, no one knew what it was, so the specialist did an operation where he cut some of the lumps out with a local anesthetic...I was informed later that they where bits of silicone...

Since the plastic surgeon who took the old ones out had informed me that the old ones hadn't leaked just ruptured, I didn't know where the silicone had come from...

After this my breast started to hurt,and I went and had a mammogram,through my g.p and was told by the surgeon that my right breast had encapsulation [my body was forming a skin over the implant]

I phoned the company who I had had the operation through, My Breast, and I was told not to worry, as the implants where guaranteed for five years.

I went back to the plastic surgeon again, and he advised I wait for a few months, to see if it would settle down....It didn't, and now I am in a lot of pain I have a grade vi capsulation, and the plastic surgeon agreed to take the one out...

However, the company My Breast, have , refused to pay, as I signed an agreement that if I had had encapsulation, previously, elsewhere, they would not fund it....

My argument is, the first lot of implants had lasted longer than any implants ever known by two other plastic surgeons, their life span is only ten years, and I had had them for over thirty, my body has not rejected them, they had just broken down through old age..

My body did reject this implant in my right breast, this time, but it is a different thing
altogether, from the last time.

I am so worried and upset, as I had to sell my house, to pay back the money I had borrowed for this new operation, and would like to know if there is any way I can make this company pay, as I have had nothing but trouble with my breast fro day one after the operation..I would be very gratefull if you could advise me what do please.
Vivien Rose
Submitted: 5 years ago.
Category: Law
Expert:  UK-Justice replied 5 years ago.
Thanks for your question, my name is Nic I will do whatever I can to help you today.

What is it you want to achieve?
Customer: replied 5 years ago.

I want to know what I should do regarding ,the situation with the company my breast

Expert:  UK-Justice replied 5 years ago.
Do you accept that this condition is one which you agreed they would not fund?
Customer: replied 5 years ago.

No because,the agreement was, that they would not fund a capsulationoperation if I had had the same thing previoursly, the operation wasnt for the same thing

Expert:  UK-Justice replied 5 years ago.
Ok - this is a new condition?
Customer: replied 5 years ago.

Yes, the first implants that i had put in, with a different surgeon on the n.hs broke up through age over thirty years...The new ones I had put in My body rejected wasnt the same thing, I signed to say they wouldnt pay to have then replaced, it my body had rejected them before, and that was why the first ones where taken out[it wasnt]

Expert:  UK-Justice replied 5 years ago.

So the surgeon is going to do it but insurance refuses to pay?
Customer: replied 5 years ago.

Yes, the surgeon has agreed to do the operation, but the company[My Breast] wont pay for the surgery.


I have to logg off now, as I have to go out

Vivien Rose

Expert:  UK-Justice replied 5 years ago.

Then you should complain to the finance company. Invoke the corporate complaint procedure and tell them that they are in breach of contract.

If they refuse then you can complain to the financial ombudsman.

They are free, independent and can examine your complaint for free

They can be found at

If there you have any questions or if I can help you with anything else please let me know.

That should resolve your problem.

Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 5 years ago.
I'm just following up with you to see how everything is going. Did my answer help?