Private Clinics

Private clinics have recently come under the spot light again following the tragic case of Dr John Hubley who bled to death during a routine gall bladder operation carried out at a private treatment centre in Bradford. It had emerged that there were no emergency blood supplies on site and that key medical equipment was unavailable.

Independent sector treatment centres such as this have been set up to assist and exclusively treat NHS patients as part of an initiative to reduce NHS waiting lists.

On the back of this case the Care Quality Commission ( The successor to the Healthcare Commission), which regulates healthcare in England, is now looking into procedures at all clinics. Whilst deaths in such clinics are obviously rare, there are a number of reported cases in which treatment at such independent sector clinics has fallen below the standard that otherwise would be expected.

There is often confusion as to who is responsible in such circumstances, whether it be the NHS procurer, the treatment centre or the actual Doctor carrying out the procedure.

You should seek legal advice in relation to any such incident at the earliest opportunity in order that appropriate enquiries can be made as to the contractual relationship between the respective parties in advance of the need to take formal court action.

01 OCTOBER 2009

For further information on Linder Myers expertise in dealing with the issues raised in this article please contact:

TREVOR WARD, PARTNER
CLINICAL NEGLIGENCE DEPARTMENT
0161 837 6806
trevor.ward@lindermyers.co.uk