Am I entitled to ask for expenses?

Kay265

I recently had to have an operation revised at a private hospital, as the procedure I needed isn't covered by the NHS. Because it was a revision, the surgeon didn't charge, but I had to pay an extra £750 to the hospital to cover their fees.

The hospital was a 2 hour drive away and both I and my partner took a day off - he paid for a train ticket so he could drive me back after a general anaesthetic.

When I got there, they prepared me for the procedure but literally 5 mins before I was due to go down, they told me that the machine they use to monitor the general anaesthetic was broken and they couldn't go ahead with the full procedure, although they could do part of it if I had a spinal anaesthetic. They were then unable to do this too and said I'd have to rebook to come back.

Apart from the obvious distress, I am over £200 out of pocket from loss of earnings, travel and train tickets wasted. Am I entitled to ask them to cover this and how best to go about it if they refuse?

Thanks for any help.

Aylesbury_Duck

Kay265 wrote: »

I recently had to have an operation revised at a private hospital, as the procedure I needed isn't covered by the NHS. Because it was a revision, the surgeon didn't charge, but I had to pay an extra £750 to the hospital to cover their fees.

The hospital was a 2 hour drive away and both I and my partner took a day off - he paid for a train ticket so he could drive me back after a general anaesthetic.

When I got there, they prepared me for the procedure but literally 5 mins before I was due to go down, they told me that the machine they use to monitor the general anaesthetic was broken and they couldn't go ahead with the full procedure, although they could do part of it if I had a spinal anaesthetic. They were then unable to do this too and said I'd have to rebook to come back.

Apart from the obvious distress, I am over £200 out of pocket from loss of earnings, travel and train tickets wasted. Am I entitled to ask them to cover this and how best to go about it if they refuse?

Thanks for any help.

What do the terms and conditions in the contract say?

Kay265

I don't have a copy of them but what I did sign on the day was all about the procedure and nothing I saw was related to them not being able to go ahead. When I had the original procedure done, there was a £1000 non refundable deposit if you changed your mind but don't think there was anything that covered their equipment failing.

Aylesbury_Duck

I would ring them and ask what their policy is in situations like this. It may be something they have a process for. I suspect there's something in their terms about not being responsible for consequential losses. Whether that would hold up if you made a claim, I don't know, but the simplest thing to do first is to ask.

Kay265

Hmmm, found this - does this cover actually being in the theatre when they decide to cancel, as that is no notice rather than short notice?

Xxx reserves the right to alter the patient's admission date and/or outpatient appointments although such changes will be
avoided wherever possible. The patient agrees that no consequential loss will be payable for the short notice cancellation of
any procedure or appointment.

Aylesbury_Duck

That looks pretty clear to me. It's up to you whether you want to test the legal standing of it, but you should consider the bigger picture as well. Presumably you want to have this procedure done with the same surgeon at the same private hospital? Do you want to do so whilst simultaneously pursuing them for your losses?

Paul_DNAP

I think they will probably point you towards your medical insurance, if you have any, to cover such things.

davidmcn

Kay265 wrote: »

Hmmm, found this - does this cover actually being in the theatre when they decide to cancel, as that is no notice rather than short notice?

Xxx reserves the right to alter the patient's admission date and/or outpatient appointments although such changes will be
avoided wherever possible. The patient agrees that no consequential loss will be payable for the short notice cancellation of
any procedure or appointment.

I suspect that might be viewed as an unfair term if the converse didn't apply i.e. I expect you'd still have to pay their bill if you changed your mind at the last minute.

Worth asking anyway.