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16/05/2006
NHS should be reimbursed for treatment abroad
NHS patients who seek treatment in Europe because of 'undue delays' in getting treatment in the UK should be reimbursed for the cost of the treatment, the European Court of Justice has ruled.
The decision was made in the case of Yvonne Watts, 75, from Bedford, who paid almost £4,000 to have a double hip operation in France.
However, UK courts will have to decide if Ms Watts was subjected to an undue delay and is therefore entitled to a refund.
The European Court of Justice's ruling stated that any patient subjected to an unacceptable delay for an operation and who could afford to pay for the treatment abroad should be able to recoup the costs from the NHS.
However, the court ruling said that the decision on what constituted an undue delay should be based on a patient's medical condition and circumstances, not on waiting list targets.
Ms Watts had her operation in France and then began a High Court battle against Bedford Primary Care Trust over the cost of the operation. The Trust had argued that Ms Watts had not been subjected to an undue delay for treatment, saying that she could have received the surgery on the NHS within the "appropriate time" of four months.
The case went to the Court of Appeal before being referred to the European Court of Justice.
(KMcA/GB)
The decision was made in the case of Yvonne Watts, 75, from Bedford, who paid almost £4,000 to have a double hip operation in France.
However, UK courts will have to decide if Ms Watts was subjected to an undue delay and is therefore entitled to a refund.
The European Court of Justice's ruling stated that any patient subjected to an unacceptable delay for an operation and who could afford to pay for the treatment abroad should be able to recoup the costs from the NHS.
However, the court ruling said that the decision on what constituted an undue delay should be based on a patient's medical condition and circumstances, not on waiting list targets.
Ms Watts had her operation in France and then began a High Court battle against Bedford Primary Care Trust over the cost of the operation. The Trust had argued that Ms Watts had not been subjected to an undue delay for treatment, saying that she could have received the surgery on the NHS within the "appropriate time" of four months.
The case went to the Court of Appeal before being referred to the European Court of Justice.
(KMcA/GB)
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