Does s75 apply to contracts for clinical/surgical services?

System

This discussion was created from comments split from: Section 75.

bms66

Hi everyone.  New to the forum and just wanted some advice please if anyone can help?
I have used Section 75 to claim a couple of times in the past (successfully) although the first response always seems to be advise your claim is not covered which is why i thought i would try here before making a claim.
I paid for refractive lens replacement surgery at the end of January, putting the £500 deposit on my credit card and financing the rest myself.  In short the surgery has not gone as they sold it, they never explained the risks, nor how often it goes wrong and now my vision is far worse than it was to the point i have had to be referred back to the NHS to try and repair the damage caused by the surgery.
Does anyone know if this type of claim would be covered under Section 75 and if so would it just be the £500 deposit or the the whole amount i paid?
thank you

MattMattMattUK

bms66 said:

Hi everyone.  New to the forum and just wanted some advice please if anyone can help?
I have used Section 75 to claim a couple of times in the past (successfully) although the first response always seems to be advise your claim is not covered which is why i thought i would try here before making a claim.
I paid for refractive lens replacement surgery at the end of January, putting the £500 deposit on my credit card and financing the rest myself.  In short the surgery has not gone as they sold it, they never explained the risks, nor how often it goes wrong and now my vision is far worse than it was to the point i have had to be referred back to the NHS to try and repair the damage caused by the surgery.
Does anyone know if this type of claim would be covered under Section 75 and if so would it just be the £500 deposit or the the whole amount i paid?
thank you

That would not be a Section 75 issue, it would fall under medical malpractice and the medical service industry is heavily regulated and insured. You need to raise the relevant complaint first with your service provider and then with the MHRA if you do not make any progress.

bms66

MattMattMattUK said:

bms66 said:

Hi everyone.  New to the forum and just wanted some advice please if anyone can help?
I have used Section 75 to claim a couple of times in the past (successfully) although the first response always seems to be advise your claim is not covered which is why i thought i would try here before making a claim.
I paid for refractive lens replacement surgery at the end of January, putting the £500 deposit on my credit card and financing the rest myself.  In short the surgery has not gone as they sold it, they never explained the risks, nor how often it goes wrong and now my vision is far worse than it was to the point i have had to be referred back to the NHS to try and repair the damage caused by the surgery.
Does anyone know if this type of claim would be covered under Section 75 and if so would it just be the £500 deposit or the the whole amount i paid?
thank you

That would not be a Section 75 issue, it would fall under medical malpractice and the medical service industry is heavily regulated and insured. You need to raise the relevant complaint first with your service provider and then with the MHRA if you do not make any progress.

Thanks.  I have since found out that this type of surgery is completely unregulated so it wouldn't be covered but i have rasied a complaint with the provider and awaiting a response.

pbartlett

I don't see why you should not raise a S75, which basically gives you the same rights against the card company as you would against the supplier.

Manxman_in_exile

I don't see why s75 shouldn't apply in principle either?  A contract to provide medical/surgical services is no different from any other, is it?

bms66 said:

MattMattMattUK said:

bms66 said:

Hi everyone.  New to the forum and just wanted some advice please if anyone can help?
I have used Section 75 to claim a couple of times in the past (successfully) although the first response always seems to be advise your claim is not covered which is why i thought i would try here before making a claim.
I paid for refractive lens replacement surgery at the end of January, putting the £500 deposit on my credit card and financing the rest myself.  In short the surgery has not gone as they sold it, they never explained the risks, nor how often it goes wrong and now my vision is far worse than it was to the point i have had to be referred back to the NHS to try and repair the damage caused by the surgery.
Does anyone know if this type of claim would be covered under Section 75 and if so would it just be the £500 deposit or the the whole amount i paid?
thank you

That would not be a Section 75 issue, it would fall under medical malpractice and the medical service industry is heavily regulated and insured. You need to raise the relevant complaint first with your service provider and then with the MHRA if you do not make any progress.

Thanks.  I have since found out that this type of surgery is completely unregulated so it wouldn't be covered but i have rasied a complaint with the provider and awaiting a response.

OP - you need to contact a board guide to have your thread disentangled from the historic one you've "hijacked".  Try pressing the Report button on your first post and ask for it to be moved.

You need to get the thread title changed to something more relevant too.  eg "Does s75 apply to contracts for clinical/surgical services"

born_again

In effect S75 does cover medical issues. As millions were paid out to customer who bought breast implants that ruptured.

David713

I agree,
As far as S75 is concerned, if there has been a breach of contract over a service provided then S75 should apply as there is nothing stated in the Consumer credit act that states or implies medical contracts are exempted.

bms66

Hi everyone.  Just wanted to say thank you to everyone who has taken the time to reply to me and for the advice