Private Treatment

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Private Treatment is no different from treatment on the NHS as far as the standard of care that a patient can expect to receive is concerned. It makes no difference whether a specialist doctor is working privately or being paid for by the NHS when it comes to whether his or her diagnosis or treatment was negligent or not. However, whilst when you are treated on the NHS you do not make a contract with the doctor to provide medical treatment to you; whereas when you are treated privately, you do. You are paying for your treatment and that treatment must be of an adequate standard. Therefore it is possible to bring a claim on the basis of the agreement made between you and the healthcare provider and is sometimes appropriate to do so.

Normally, claims relating to the treatment given by private doctors are treated in a similar way to claims against NHS doctors. That is to say a clinical negligence claim is brought against either the healthcare provider that employed the doctor or sometimes the doctor himself. However, it is also possible to make a claim for breach of contract if the treatment you received was substandard arising out of the same circumstances. Since Michelmores has experience of both private and NHS claims we will be able to advise you about whether it is in your best interests to make a claim for clinical negligence or breach of contract. If you have been treated privately and feel that the care or treatment received was substandard, get in touch with our team.