NHS Private referral bill dispute who is in the wrong?

kirtondm

I too think their are consent issues. This is not a normal transaction is the px is automatically a vulnerable person as they are a patient in this context.


It is made abudently clear in out NHS contracts and I am sure it would be in the NHS contracts that the private hospital holds that patients must be informed at all times what is covered on the NHS and what isn't.


It sounds very unlikely to me that the hospital wouldn't have tied these issues of consent up.


But if they have it in writing that the hospital did not inform it was a private operation and due to the likely size of the bill I would almost certainly defend it and expect to win

teddysmum

The NHS provides private treatment, at extras cost to its funds, because it cannot deliver from its own resources. Surely someone shouldn't expect more free private treatment just because they ask for it ?


The doctor was asked to refer to private treatment and he did this. The hospital would assume that having asked the GP, the patient would be aware of the different situation, for the second operation.

kirtondm

at extras cost to its funds, because it cannot deliver from its own resources

That is incorrect the tarrif cost is the same. It does not cost the CCG more to have the private hospital do the operation

Nicki

Ive never had NHS treatment in a private hospital but I have had privately funded treatment and treatment covered by insurance. For privately funded treatment, the admission form always gives the cost and makes clear it's payable by the patient. Treatment covered by insurance makes that clear on the form but says that the patient is liable for extras.

I think this boils down to the wording of the admissions form the patient signed. If it said he had to pay for the second operation I think he's liable vulnerable or not. If you ask a GP to refer you to a private hospital for treatment, unless you specifically ask for this on the NHS it means you are asking for a private referral I'm afraid.

theoretica

teddysmum wrote: »

The doctor was asked to refer to private treatment and he did this. The hospital would assume that having asked the GP, the patient would be aware of the different situation, for the second operation.

The hospital might have assumed that the patient was expecting to be charged - but unless it was absolutely identical to the previous operation (and I don't see that as likely as how often are operations identical?) surely at some point they would have standard procedures to give a quote. Few people would undergo an operation without knowing how much they were agreeing to pay. Or was there a quote but not stated who would be paying it?

indiepanda

I am surprised it wasn't made very clear before the operation that it would have to be paid for. I had a private consultation and some tests recently and I had to fill out a ton of forms with details of my private medical insurance cover, pre-authorisation number etc, and if I had said I didn't have cover there would have been different parts of the form I had to complete and sign.

Did your friend not have to complete any paperwork prior to the operation?

moneyistooshorttomention

I agree with Toothsmith.

If any healthcare has to be paid for - then the onus is on everyone involved to make it quite clear to the patient concerned in advance that there will be a bill for this and how much the bill will be.

Even if it's down in the smallprint in a form the patient has signed - well...just how many of us read the smallprint thoroughly and with a solicitors' attention to detail?

The patient should have been told verbally by all concerned - ie their doctor and that hospital - clearly in advance. The doctor should have said "This will cost you". The onus lies even more on the hospital - as they should have said in advance "You do realise that the cost of this is £x thousand and you will have to pay it yourself do you?". If they failed to ask that question verbally - then that is down to their fault imo.

I would argue back in their position. I've certainly done so successfully in a very different context - ie where no-one told me in advance that money would be expected from me and there was nothing in writing saying I would be expected to pay for something.