4,000 Scottish women implanted with non-surgical grade PIP implants are entitled to compensation under consumer protection legislation, according to litigation specialists Thompsons solicitors.

The firm says that private clinics who offered the PIP implants could have a duty to pay compensation. None of the affected implants were inserted into women by the NHS. 

“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," said Patrick McGuire of Thompsons.

He says the women have a remedy under the Sale of Goods Act 1979, which as amended in 1994 states that items sold must be of "satisfactory quality".

“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," he said.

“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."

Sally Taber, the director of the Independent Healthcare Advisory Services told the BBC that 60% of the implants were fitted by four companies: Harley Medical Group, The Hospital Group, Transform and Linia Cosmetic Surgery.

The BBC reported that she said the companies were considering their position, wanted to examine how the measures would be paid for and were seeking further discussions with the Department of Health.