Terms & Conditions

The Terms and Conditions of business apply to services carried out by EP Surgical Ltd.

1. DEFINITIONS

1.1. “North Bristol Private Hospital or NBPH” or the “Company” means EP Surgical Limited, Company Number 10823510.

1.2. “Patient Information” refers to the information supplied by NBPH to patients both in brochure, letter form and electronic communication.

1.3. “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 NBPH premises. 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.

1.4. “Patient” means any person who has entered into a contract with NBPH 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.

1.5 “Non-Surgical aspects of a procedure” means the services provided by North Bristol Private Hospital, namely the provision of the premises; the theatre and the preoperative assessment and with NBPH 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.

1.6. “Pre-booking” means a booking and payment made prior to Consultation with a Surgeon.

1.7. “Initial Aftercare Period” means the aftercare included within the cost of your procedure.

1.8. “Cost” is Total Surgery Price as detailed on the quotation.

1.9. “Consultation” an 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.

1.10. “Premises” means any hospital, clinic, or other building, or part thereof, under the ownership, occupation, or management of North Bristol Private Hospital.

1.11. “External facilities” are those not owned by North Bristol Private Hospital.

1.12. “Further Surgery” refers to additional surgery performed following the original operation which is either included in the original costs paid, or when additional fees are charged.

2. OBLIGATIONS AND WARRANTIES

2.1. NBPH 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 NBPH premises, NBPH confirms that the person is registered with the General Medical Council and ensures that NBPH 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 procedures. NBPH 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.

2.2. All Surgeons, as self-employed contractors, are themselves responsible for maintaining their revalidation and 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 NBPH 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.

2.3. The Surgeons and Anaesthetist fees are included in the quoted price and NBPH 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. Surgeon fees may be applied or may vary where further surgery is required.

2.4. The patients warrants no cause of action will accrue against either NBPH for any surgical aspect of the procedure carried out by the Surgeon and/or anaesthetists.

2.5. The patient warrants that he or she will read the patient information provided in order to fully understand the range of possible outcomes, risks and benefits of the proposed procedure.

2.6. NBPH will provide all post-operative medication required relevant to the procedure (i.e. antibiotics and painkillers) as prescribed by the relevant Surgeon or a doctor; where the medicine is not included, a prescription will be provided to the patient and the fee for this prescription is the responsibility of the patient. 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 5 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, or medicine needed if the patient has not adhered to post-operative instructions.

3. PATIENT’S OBLIGATIONS

3.1. 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 NBPH.

3.2 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.

3.3. Patient agrees to comply with post-operative instructions.

3.4. Patient agrees to inform the company if they have concerns with their care or outcomes at any stage, and offer the company the opportunity to correct this in the appropriate way before publicising any information in a public domain (websites, social media, general media and instant messaging).

3.5. Patient agrees to adhere to the company aftercare process, attending appointment at their nearest available clinic, even if this is not their closest geographic clinic.

3.6. 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.

3.7. Patient accepts that clinical staff may not be available 24/7 therefore calls and appointments will be offered subject to staff and clinic availability

3.8. Patient understands that the company may decline surgery if a patient is not prepared to provide a medical information (which includes GP summary, specialist letters, investigations, results and supporting letters), so we can work closely with healthcare providers, for safety reasons and share information within GDPR.

3.9. 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, normal terms and conditions apply see section 5.

3.10. Patient has right to waiver their right to 14 day cooling off – disclaimers are available for such purpose.

3.11. Patient has the right to self-discharge from hospital against best advice, disclaimers are available so long as patient accepts all risks and consequences.

3.12. The Patient acknowledges that their Patient Care Coordinator is not a Doctor or Surgeon.

3.13. Any advice that the Patient Care Co-Ordinator may give is purely of a general non- medical nature. If the Patient has any queries then these should be raised at consultation with the Surgeon, and/or anaesthetist or other suitably qualified persons.

3.14. 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 NBPH and the Surgeon and the anaesthetist without delay and to keep NBPH, the Surgeon, and the anaesthetist informed.

3.15. Treatment will only be given where satisfactory payment has been received at least 30 days prior to surgery (or as soon as possible for surgery booked less than 30 days in advance, but always prior to surgery)

3.16. The minimum age for any consultation or surgical procedure is 18 years of age.

3.17. The patient accepts responsibility to be aware of the consent they are signing and to ask questions in a good time frame if unsure.

3.18. Please be advised that you should be nicotine free for at least 3 months prior to surgery and you may be asked to have nicotine test on the day of the surgery. If the test comes as nicotine positive your surgery will be cancelled and you will have no refund.

4. GENERAL OBLIGATIONS

4.1. NBPH 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 (including reimbursement for travel, tests, hotels).

4.2. 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 commences.

4.3. The patient accepts that NBPH ‘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.

4.4. 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 and no reimbursements.

4.5. In the interest of patient safety and welfare, we reserve the right to cancel or postpone your procedure.

5. RESCHEDULING

5.1. Rescheduling – if you need to reschedule your surgery, the following fees will apply to offset against administration and losses incurred:

5.2. Over 8 weeks’ notice – no charge.

5.3. 8 to 4 weeks’ notice – £250.

5.3. 2 to 4 weeks’ notice – £1000.

5.4. less than 2 weeks notice – £1500.

This policy does not affect the 14-day period of reflection.

6. CANCELLATIONS

6.1. Cancellations of bookings – we recommend that you consider all aspects of your procedure for at least 14 days after your Consultation with your Surgeon, should you wish to cancel your procedure, the deposit paid is non-refundable , any other 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.

6.2. Over 8 weeks’ notice – £100 fee.

6.3. 8 to 4 weeks’ notice – £500 fee.

6.4. 2 to 4 weeks’ notice – 50% of total operation cost.

6.5. less than 2 weeks’ notice – full cost of surgery retained.

7. CANCELLATIONS FOR MEDICAL REASONS

7.1. 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.

7.2. 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 6.2 – 6.5 of this contract.

7.3. If the procedure is abandoned intra-operatively due to unforeseen medical conditions, NBPH will retain sufficient monies to cover the costs incurred by the Company as reasonably deemed fit and in accordance with these terms and conditions.

7.4. “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 6 above.

7.5. You will receive a nicotine and pregnancy test on the day of your surgery, should either test be positive you may be charged the full procedure cost.

8. COMPLAINTS / READMISSION

8.1. The complaints procedure is available on request from our Patient Care Coordinators or via our website. If you have a complaint regarding any aspect of your care, outcome or treatment, we recommend that you discuss this with your Patient Care Coordinator in the first instance. If after using NBPH’s usual complaints process no resolution can be reached, NBPH may refer the complaint for independent mediation. Referral will be on conditional on the basis that both parties are bound by the outcome. NBPH 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 NBPH and the Patient as a Full and Final settlement or compromise agreement.

8.2. 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.

8.3. Aftercare – The initial aftercare period will include standard postsurgical review appointments within the term specified on your Personal Quotation. 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. We reserve the right to remove aftercare and warranty if a patient has failed to follow the terms set to them.

8.4. NBPH reserves the right to pause all aftercare and appointments should a patient decide to enter the formal complaints process or seek legal advice or intervention. This does not affect patients rights, it is designed to protect both parties while an agreement is reached; once resolved, aftercare and warranty will be unpaused.

9. READMISSIONS / FURTHER SURGERY SECTION

Readmission – for up to 3 to 12 months after your operation, you and your Surgeon agree that further surgery (as part of the original procedure) is necessary to assist you in achieving an improvement to the outcome, NBPH and the Surgeon will consider contributing to the surgical and hospital costs. If, however, your Surgeon decides that the results of the surgical procedure are acceptable within the normal limitations and expectations set of surgery, then further surgery may incur the full fee. NBPH will assess separately the circumstances of each patient in determining the basis on which further surgery may be provided. NBPH will make the ultimate decision on further surgery and the Company’s decision is final. Further Surgical procedures do not automatically provide the same aftercare time as the original procedure, please check with NBPH the period of cover that will be applicable when planning this. Further surgery may be also provided as part of a compromise agreement, there is a formal process and approval for further surgery and could take up to 28 days; if further surgery is approved and is free of charge, the company may not provide any garments and may not accept any financial losses to the patient, which includes travel, tests and accommodation costs; A nominal theatre reservation fee will be payable to secure a further surgery date, normal terms and conditions will apply to further surgery and rescheduling. (See 5.0).

9.1. If further surgery 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.

9.2. If patient has further surgery 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 required.

9.3. 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, weight changes, illness or the natural ageing process, NBPH cannot commit to providing further surgery at reduced cost.

9.4. NBPH agrees that all matters relating to the Patient’s treatment will be kept as confidential save where NBPH are required to disclose such material to relevant members of medical staff at NBPH

9.5. The company adheres to GDPR regulations in full, only sharing data where necessary, if a patient choses to disclose their personal details on a public forum; such as social media, general media, websites or instant messaging platforms; the company reserves the right to respond or 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 to the information or contact the patient privately to discuss the matter with a view to having any untruthful or defamatory content removed, this may also invalidate any warranty.

9.6. The Patient confirms his or her consent to the disclosure of personal information by NBPH to surgeons, anaesthetist’s doctors and nurses and other medical staff for the purpose of discussing patient’s treatment.

9.7. If required, your Patient Care Coordinator will provide you with the policy on access to medical records.

9.8. Throughout your treatment journey your Surgeon may take photographs. They will remain with the Surgeon and neither NBPH or the Patient Care Coordinator will be able to supply copies.

10. JURISDICTION

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