Private clinic claims it is not liable for failings

doi:10.1136/bmj.332.7533.72-d

BMJ 2006;332:72 (14 January), doi:10.1136/bmj.332.7533.72-d

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Private clinic claims it is not liable for failings

BMJ Clare Dyer legal correspondent

A private clinic that treats NHS patients under contract is seeking to appeal a court ruling holding it legally liable if treatment goes wrong.

The case, believed to be the first of its kind, has exposed a potential problem with local agreements made between the NHS and private providers to cut waiting lists by contracting out routine surgery.

The case has been brought by Frances Johnson of Knottingley, near Pontefract, West Yorkshire, who was referred by her GP in 2002 to the privately run Birkdale Clinic, which carries out cataract operations on NHS patients. She had complications after her operation and was referred back to the mainstream NHS, where a further operation was successfully carried out.

Mrs Johnson, 69, sued the clinic, claiming that she was not warned that surgery carried extra risks because she had pre-existing corneal damage and that therefore she was not . . . [Full text of this article]

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