The Terms and Conditions of business apply to services carried out by Curis Healthcare Ltd

 

1             DEFINITIONS

  • “CHL” or the “Company” means Curis Healthcare Limited, Company Number 11991796
  • “Patient Information” refers to the information supplied by CHL to patients both in brochure, letter form and electronic communication
  • “Procedure” refers to the medical procedure to be carried out by a Surgeon and includes the activities of an anaesthetist engaged by the patient and who holds a Practicing Privileges Agreement or Surgeon’s Contract or is in some other way permitted to carry out medical procedural activities at CHL Patients

attending external facilities will contract with that facility for the in-patient episode which would usually include an anaesthetist. “Surgeon” means the person holding themselves out to be a qualified medical practitioner registered with the General Medical Council.

  • “Patient” means any person who has entered into a contract with CHL for the non- surgical aspects of a Procedure – with the surgical outcome being the responsibility of the Surgeon and/or anaesthetist with whom the patient also contracts. Patients attending external facilities will contract with that facility for the in-patient episode which would usually include an anaesthetist.
  • “Non-Surgical aspects of a procedure” means the services provided by CHL, namely the provision of the premises; the theatre and the preoperative assessment and with CHL for the post-operative nursing care. It does not include the pre- operative and post-operative consultation and/or advice and/or treatments (Which include decisions on medication and discharge of the patient), which remain with the appropriate admitting practitioner. Patients attending external facilities will contract with that facility for the in-patient episode.
  • “Pre-booking” means a booking and payment made prior to Consultation with a Surgeon. “Initial Aftercare Period” means the aftercare included within the cost of your procedure.
  • “Cost” is Total Surgery Price as detailed on the quotation.
  • “Consultation” a surgical aspect of the procedure, is a pre-operative meeting between the patient and the Surgeon, at which the patient’s suitability for the procedure is considered. Consultation with a Patient Care Co-Ordinator and/or any members of staff should be regarded as merely assisting the patient to make an informed choice about the procedure. The Patient Care Co-Ordinator and/or member of staff is unlikely to be a doctor and any advice he/she gives should, in any event, be regarded as purely of a general non- medical nature.
  • “Premises” means any hospital, clinic, or other building, or part thereof, under the ownership, occupation, or management of CHL.
  • “External facilities” are those not owned by CHL.

2             OBLIGATIONS AND WARRANTIES

  • CHL warrants that before inviting a surgeon or anaesthetist to receive Practicing Privileges rights or a surgeon’s/anaesthetist’s contract  permitting the said person to practice at CHL premises, CHL confirms that the person is registered with the General Medical Council and ensures that CHL has seen a copy of a private practice indemnity insurance cover Certificate which is current at the date of granting practicing privileges rights, or a Contract, or other such agreement which permits him/her to practice such CHL does not usually obtain copies of the whole of the private practice medical indemnity insurance policy document and nor does It make any warranties in respect of the content of the same, save as set out above. Patients attending external facilities should ensure that the facility they are attending holds this documentation in respect of any Practitioner who may attend the patient during the in-patient episode.
  • All Surgeons, as self-employed contractors, are themselves responsible for maintaining their registration with the General Medical Council and maintaining full private practice medical indemnity insurance. It is recommended that the patient independently checks the most up to date position with regards to the practitioner’s registration with the General Medical Council and his/her private practice medical indemnity insurance position before undergoing any procedure. All the Surgeons and anaesthetists which CHL may from time to time introduce to patients are self employed and, as such make their own clinical decision at all times and are responsible for the outcome of surgery and the surgical aspects of the procedure.
  • The Surgeons and Anaesthetist fees are included in the quoted price and Enhance acts as their agents in the collection of them. The Surgeon and the Anaesthetist and the hospital may invoice you separately, but the total will not be more than shown on the quotation.
  • The patients warrants no cause of action will accrue against either CHL for any surgical aspect of the procedure carried out by the Surgeon and/or anaesthetists.
  • The patient warrants that he or she will read the patient information provided in order to fully understand the range of possible outcomes of the proposed
  • CHL will provide all post-operative prescriptions for medication required relevant to the procedure (i.e. antibiotics and painkillers) as prescribed by the relevant Surgeon or a doctor. Patients attending external facilities will receive post-operative medication directly from the external facility. This medication does not include any medication required after the first 7 days post op-surgery unless this is a prescription medicine, required and prescribed by the medical practitioner. It may also not include specialist medication required if the patient has not adhered to post-operative instructions

3             PATIENT’S OBLIGATIONS

  • This contract is conditional upon the acceptance of the patient by the Surgeon and/or anaesthetist based upon information given by the Patient during the consultation with him/her. The decision to carry out surgery shall be at the discretion of the Surgeon, the anaesthetist and CHL.
  • The patient warrants that he or she will read the patient information provided to fully understand the range of possible outcomes of the proposed procedure.
  • Patient agrees to comply with post-operative instructions
  • Patient agrees to inform the company if they have concerns with their care at any stage, and offer the company the opportunity to correct this in the appropriate way before publicising any information in a public domain
  • Patient agrees to adhere to the company aftercare process, attending appointment at their nearest available clinic, even if this is not their closest geographic
  • Patient accepts that if they fail to follow clear instructions or take their care to an external provider; attempt to self-care or allow unqualified people to interfere with their care, that the company can withdraw aftercare on this basis.
  • Patient accepts that clinical staff may not be available 24/7 therefore calls and appointments will be offered subject to staff and clinic availability
  • Patient understands that the company may decline surgery if a patient is not prepared to provide a GP summary letter, so we can work closely, for safety reasons and share information.
  • Patient understands that if they wish to change their surgery in any way (i.e. alter implant size or add additional surgery) that they must return to see their surgeon and be consulted for these changes before their procedure date
  • Patient has right to waiver their right to 14 day cooling off – disclaimers are available for such purpose
  • Patient has the right to self-discharge from hospital against best advice, disclaimers are available so long as patient accepts all risks and consequences.
  • The Patient acknowledges that their Patient Care Coordinator is not a Doctor or Surgeon.
  • Any advice that the Patient Care Co-Ordinator may give is purely of a general non- medical If the Patient has any queries then these should be raised at consultation with the Surgeon, and/or anaesthetist or other suitably qualified persons.
  • The Patient agrees to provide the Surgeon, Anaesthetist and clinical staff of the hospital with a health history that is honest, accurate, reliable and complete. The Patient understands that withholding any medical information could be detrimental to his or her health and safety and may result in cancellation of the procedure with no refund. The Patient agrees that if any change occurs in his or her medical history or status to inform CHL and the Surgeon and the anaesthetist without delay and to keep CHL, the Surgeon, and the anaesthetist informed
  • Treatment will only be given where satisfactory payment has been received at least 28 days prior to surgery (or as soon as possible for surgery booked less than 28 days in advance, but always prior to surgery)
  • The minimum age for any consultation or surgical procedure is 18 years of

4             GENERALOBLIGATIONS

  • CHL reserves the right to alter the Patient’s admission date and/or outpatient appointments although such changes will be avoided wherever possible. The Patient agrees that no consequential loss will be payable for the short notice cancellation on any procedure/appointment.
  • The Patient agrees that in signing this set of Terms and Conditions and any Pre- Operative Medical Notes that he/she has understood the terms and has been given an opportunity to seek explanation. The pre-operative medical notes are designed to ensure that you and your Surgeon, are fully agreed as to the procedure that has been planned for before your operation and that you understand the potential risks and benefits. You must sign this form before surgery
  • The patient accepts that CHL ‘s liability for breach of contract is any way limited to the operation costs. The Patient and the Surgeon will be required to sign a Medical Consent Form at the hospital prior to surgery.
  • The company reserves the right to cancel or postpone procedures, this decision must be a reasonable one and in the best interest of the patient; in the event of late cancellations or movements, the company accepts no liability for any financial loss to the patient.
  • In the interest of patient safety and welfare, we reserve the right to cancel or postpone your procedure.

5             RESCHEDULING/CANCELLATIONS

  • Rescheduling – if you need to reschedule your surgery, the following fees will apply to offset against administration and losses incurred
  • 14 days or more notice £75 -13 to 6 days notice £250 – 5 days or less, 50% of operation
  • This policy does not affect the 5-day period of reflection (section 2)
  • Cancellations of bookings – we recommend that you consider all aspects of your procedure for at least 5 days after your Consultation with your Surgeon. For up to 5 days following your Consultation, should you wish to cancel your procedure, the deposit and any monies paid for your procedure are fully refundable, with the proviso that the Company has been notified by recorded or guaranteed post to Scheduling Department, CHL, Beech House, 60 Halesowen Road, Lydiate Ash, Bromsgrove B610QL. After the 5-day period of reflection, the following monies would be retained/ payable to defray some of the costs incurred:
  • Cancellations made over 2 weeks prior to surgery date – 25% of the total cost
  • Cancellations made 8-14 days prior to date of surgery – 50% of the total cost
  • Cancellations made 7 days or less prior to and including date of surgery – 75% of the total cost
  • Cancellations for medical reasons –
  • Cancellations necessary due to previously unknown medical conditions will be rescheduled where possible. If after reasonable consideration the indicated medical condition prevents rescheduling of the procedure, then refund of the monies paid will be given in full to the patient.
  • Cancellations due to pre-existing medical conditions which were known by the Patient but undisclosed prior to booking the Procedure will be refunded in line with section 5.2 of this contract.
  • If the procedure is abandoned intra-operatively due to unforeseen medical conditions, CHL will retain sufficient monies to cover the costs incurred by the Company as reasonably deemed fit and in accordance with these terms and conditions.
  • “Pre-booked” appointments may be cancelled at any time prior to consultation and will receive a full refund including the deposit. Cancellations after the consultation will be refunded in line with section 5.2
  • You will receive a nicotine and pregnancy test on the day of your surgery, should either test be positive you may be charged up to £1,000 to cover costs and to reschedule your operation.

6             COMPLAINTS/READMISSION

  • The complaints procedure is available on request from our Patient Care Coordinators. If you have a complaint regarding any aspect of your treatment, we recommend that you discuss this with your Patient Care Coordinator in the first instance. If after using CHL’s usual complaints process no resolution can be reached, CHL may refer the complaint for independent mediation. Referral will be on conditional on the basis that both parties are bound by the outcome. CHL may be responsible to fund the mediation. The Patient agrees that all medical records can be released to the appointed Arbitration Officer. Settlements reached using this method will be considered by CHL and the Patient as a Full and Final settlement.
  • Complaints follow a 3 stage process, 2 stages internal and final stage to adjudication; final stage is not an option unless first two stages are signed off by the company. Each stage takes an average 28 days to pass through. if at any stage legal advice is sort the company reserves the right to stop the complaints process and also seek legal advice.
  • Aftercare – The initial aftercare period will include standard postsurgical review appointments within the term specified on your Personal Quotation. Please see our website for full details of your aftercare policy. You may wish to download this information for your records. We do reserve the right to change our aftercare policy from time to time. In case of any doubt, the aftercare policy in force at the time of your booking will be applied to you.
  • Readmission – for up to 3 or 24 months after your operation, (dependent on aftercare package purchased), you and your Surgeon agree that further surgery (as part of the original procedure) is necessary to assist you in achieving the results originally anticipated, CHL and the Surgeon will consider making a contribution to the surgical and hospital costs. If, however, your Surgeon decides that the results of the surgical procedure are acceptable within the normal limits of surgery, then further surgery would incur the full fee. CHL will assess separately the circumstances of each patient in determining the basis on which further surgery may be provided. CHL will make the ultimate decision in readmissions and the Company’s decision is final. Readmission procedures do not automatically provide the same aftercare time as the original procedure, please check with CHL the period of cover that will be applicable before your admission. Revision surgery may be provided as a full and final, there is a formal process and approval of revision can take 28 days; if revision is approved and is free of charge, the company will not provide any garments and does not accept any financial losses to the patient, which includes travel and accommodation costs.
  • If revision is required the company may ask the patient to wait a time period while their body is recovering – their aftercare is momentarily paused to allow for this period of time and the warranty is not affected
  • If patient has revision approved, but wishes to modify this, or add another procedure whilst they are under anaesthetic; the company can try to accommodate this based on clinical requirements and safety and costs may be added where
  • If the Patient fails to attend review appointments or follow advice and guidance given, or where the results of the surgery originally provided have been affected by changes in lifestyle, illness or the natural ageing process, CHL cannot commit to providing continuing surgery at special rates.
  • CHL agrees that all matters relating to the Patient’s treatment will be kept as confidential save where CHL are required to disclose such material to relevant members of medical staff at CHL
  • The company adheres to GDPR regulations in full, only sharing data where necessary, if a patient chooses to disclose their personal details on a public forum; such as social media; the company reserves the right to comment so long as no new unshared information is disclosed. If a patient chooses to disclose information in a public forum and the company believes this to be untrue or defamatory; the company reserves the right to respond the information or contact the patient privately to discuss the matter with a view to having any untruthful content removed, this may also invalidate any warranty.
  • The Patient confirms his or her consent to the disclosure of personal information by CHL to surgeons, anaesthetist’s doctors and nurses and other medical staff for the purpose of discussing patient’s
  • If required, your Patient Care Coordinator will provide you with the policy on access to medical records.
  • Throughout your treatment journey your Surgeon may take photographs. They will remain with the Surgeon and neither CHL will be able to supply copies.

7             JURISDICTION

  • The laws of United Kingdom shall apply to this contract and the courts of United Kingdom shall have exclusive jurisdiction.