The BBC have reported that there has been a 39% rise in the number of people having self-funded private medical treatments compared with the same period pre-pandemic.

This could well be because NHS waiting lists appear to be getting longer due to delays caused by the pandemic and people are resorting to private medical treatment.

Most private medical treatment, as with the NHS, will be excellent and no one likes to think of what happens if something goes wrong. But it is worth being aware so that you can check, particularly on the insurance situation.

Doctors working for the NHS will usually be covered under NHS indemnity schemes which means that if a claim has to be made because of negligent treatment, it will usually be made against the relevant NHS trust and paid for by the NHS.

However, it is a different situation with doctors working in Private practice. Often, they will be the same people, so a surgeon could be working for the NHS and working in a private hospital too.

But it’s important to appreciate the different positions if something goes wrong. If a doctor is working privately in a private hospital for example, they are not covered by the NHS schemes. They have to arrange their own insurance.

The private hospitals often do not do that because they say that the doctor is self-employed and just rents the space and facilities off the hospital, so it is not for them to provide insurance. There are some legal arguments that can be used to try and get the hospital to indemnify but it can be a difficult task. The first port of call will be the doctor’s own insurance.

Of course, most doctors are insured and it’s a professional obligation on them. But with private insurance there is always the risk that the insurers could refuse to indemnify because of some breach of the policy. It’s also not unknown for doctors in private practice not to be insured because of some error, oversight or deliberate act by them.

Even if a doctor is insured it’s important to note that it’s still necessary to prove negligence in a legal action to get compensation. If something goes wrong, it does not automatically mean that the doctor or their insurers are liable to pay. The relevance of insurance, and it is vital, is that if you do win a legal action, the insurers will pay. If the insurance did not exist, you could win but find the doctor has no money to actually pay your compensation.

Therefore, if you are having private medical treatment its always worth checking with the treating doctor and hospital that your treatment is covered by insurance.

All of this can be something of a legal minefield, so if something goes wrong with medical treatment and you are thinking about a claim it is important to seek legal advice as soon as possible

 

If you have experienced medical negligence and want legal advice, you can search for a regulated solicitor for free and without providing any of your personal details at search4legal.co.uk.