Despite their potential to reveal why devices fail and support litigation, 95% of explants—like prosthetic hips or breast implants—are discarded post-surgery. The NHS Implant Analysis Service, launched in 2022, remains underused due to confusion over ownership, consent, and clinician responsibilities.
Patients legally own their implants, yet many are unaware, and hospitals often return devices to manufacturers without consent—potentially handing key evidence to the defence.
Moore and Wilkinson argue that explants are the ‘black box’ of medical litigation, offering insights into design flaws and patient harm. They call for greater awareness among patients, clinicians, and lawyers to preserve these devices. With rising revision surgeries and NHS costs, unlocking the value of explants could transform patient safety, product design, and legal accountability.
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