Private clinic claims it is not liable for failings

doi:10.1136/bmj.332.7533.72-d

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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 …