Can I go private for treatment then send the bill to the NHS?
My GP has referred me to hospital for investigations in relation to urinary symptoms. I was then told a blood test shows I might have a prostate cancer, but further tests are required. I have been waiting weeks for an ultrasound investigation.
I have not received an appointment; can I have this done privately and force the NHS to pay?
Regrettably one of the impacts of the Coronavirus epidemic has been to substantially increase to record levels NHS waiting lists.
More than half a million people are now waiting for more than the six-week target to undergo a scan, ultrasound, gastroscopy or other investigation. In June 2019 that figure was 40,099.
This is also against the background of a very substantial drop in those who have attended for screening of suspected cancers, referrals and investigation. Cancer UK estimate the reduction at 2.4 million people. The NHS has a statutory duty to provide services but there is no legal obligation to do so within an enforceable timescale. The patients charter would give you a right to complain but in current circumstances that will probably not get you much further forward. There are targets for timescales in relation to treatment, but they are just that and nothing more. As can be seen from the above figures such targets are currently meaningless. If you can arrange to have the investigation performed privately then in order to recover the cost of this and any subsequent treatment or surgery, you would need to establish that your care had been negligent. This involves showing that the failure to perform the investigation falls below the level that can reasonably be expected and that this has caused you harm. You probably feel that the care has fallen below what you consider to be reasonable. Regrettably, the standard of care is not judged by your feelings but by the standard of a “reasonable body of opinion”. You would need an expert to come to Court and advise the Court that no reasonable body of specialists would have treated you in this way. Given current circumstances it may be difficult to find someone to provide such an opinion. I am sure the NHS will argue that the delay was beyond its control and due to resource problems or for policy reasons. You may be better trying to see if your GP can assist you to find out when you are likely to get an appointment or if the investigation could be performed more quickly elsewhere.