Latest News - February 2009

Government Announces NHS Constitution

The government has announced a legally-binding NHS constitution, to go before Parliament for approval. This confirms the general principle that NHS services are available free of charge. Patients will be expected to register with a GP, keep appointments, provide accurate information and follow treatment and vaccination programmes. All NHS bodies and other organisations providing NHS services will be required to take the constitution into account when making decisions.

Important rights for patients set out in the constitution include:

• the right to be informed of all the possible treatments for a condition available free of charge on the NHS;
• access to NHS services locally;
• the right to confidentiality;
• entitlement to obtain services in other European countries if there would be unreasonable delay in obtaining such treatment in the UK;
• the right to receive drugs and treatment approved for the NHS (i.e. approved by NICE, the National Institute for Clinical Excellence) as long as your doctor says they are appropriate for you;
• to expect local decisions on whether to fund treatment with non-NICE approved drugs to be made rationally after proper consideration of evidence;
• to receive a clear explanation of why a particular treatment may not be suitable for you;
• not to be unlawfully discriminated against on grounds of gender, race, religion, disability, sexual orientation or age;
• to be treated by appropriately qualified and experienced staff, in a clean, safe environment;
• not to be examined or treated without your valid consent. Where consent cannot be given, for example in an emergency or if the patient lacks capacity, other arrangements will be made;
• to choose your GP practice (and to say which doctor you would prefer to see) and only to be refused with good reason, which must be explained to you;
• to be involved in decisions about your care; to see letters about you passing between doctors;
• to have any complaint about NHS services dealt with efficiently, to be told the outcome of a complaint and to be compensated if you are harmed by negligent treatment.

Many of the above rights already exist at common law or in statute. It remains to be seen whether the introduction of a formal constitution will improve access to healthcare.

If you think you have suffered harm through medical negligence or if you are being refused access to medical care or treatment, please contact us for advice.

To find out more about how we can help you, please contact Maxwell Gillott Solicitors.