03 July 2014

Ownership of Medical Implants

When you receive an implant, do you own the implant or does somebody else own the implant? If the implant is removed, is the explant your property or does it belong to someone else?
Anna Neil considers the law regarding ownership of medical implants.
It is becoming more and more common for people to have a medical implant as technology advances and surgery for joint replacement (hip replacements and knee replacements being the most common) and cosmetic procedures (for example breast implants) become more common and popular. If you receive a medical implant, who owns that implant and who owns the implant in the event that it needs to be removed? It is not uncommon for implants to be removed if they fail or are no longer required.
The question is whether the implant automatically becomes yours because it is in your body. If it does, does it cease to be yours if removed from your body?   Learn more