Who Is Liable For A Breast Implant Injury?

11 September 2017
 Categories: Law, Blog


Just like other forms of cosmetic surgeries, breast implants also have their potential complications. For example, the implant can rupture, you may develop an infection or you might develop necrosis, among other risks. If that happens, it's understandable that you will want compensation from the responsible party. Here are the two common parties that are usually held liable for such injuries:

The Manufacturer of the Implant

The manufacturer of the implant may be responsible for the damages if the complication can be traced back to a manufacturing defect on the implant. For example, overfilled or under filled breast implants may deflate or rupture, necessitating their removal. In that case, you may succeed in claiming your damages from the manufacturer either via strict liability or negligence laws depending on what your state's injury laws allow. 

Claim Based On Strict Liability

Strict liability laws hold a manufacturer responsible for the damages caused by their products whether the manufacturer is negligent or not. In this case, you just need to show that the breast implant was defective, the defect was the cause of your injury, and you suffered actual damages. You don't need to show that the manufacturer's negligence resulted in a defective implant.

Claim Based On Negligence

If you are pursuing your claim based on negligence, then you need to prove that the manufacturer owed you a duty of care, breached that duty, the breach was the cause of your injury, and you suffered actual damages. For example, your negligence claim will be baseless if you can't prove that the implant was defective because of a failure on the manufacturer's part.

The Implant Surgeon

Apart from the implant manufacturer, you may also be able to hold the surgeon (who performed the implant surgery) responsible for your damages if you can prove that they did or failed to do something and ended up causing you injury. This is a classic example of medical malpractice case, where you need to prove that the surgeon owed you a duty of care, breached the duty, and the breach caused you an actual injury. An example of a medical malpractice case that might succeed against an implant surgeon is when the surgeon fails to use sterile equipment and ends up causing you an infection.

You don't have a viable implant injury case automatically if you have suffered implant complications. You need your case analyzed by a personal injury attorney to determine whether anybody is responsible for your injury.