NHS rights?

[Foxyflugel]

Hi all

Unsure if this is in the correct place on the forum but I was just wanting advice on the NHS patient rights.

Basically, I have had 3 ops over several years and these were funded privately as I had healthcare with my employer. I have since left that employer and no longer have healthcare. I secured 'Independant funding'? after being refused once and this happened at the beginning of the year.

I went to see a consultant on 23rd April this year and heard nothing at all for months (it said in the patient paperwork that I should have my op within 18 weeks) - it is now well overdue. When I researched this matter, it suggested that you make a complaint to the local body who have given the funding - so I tried this and they didn't seem to know this procedure and I came up against a brick wall. They suggested that I go to my doctors and get them to pursue it - which I did - and a week later (5 weeks ago) I went for my pre-op assessment but have heard nothing since.

Whenever I call and chase the consultants PA she just keeps saying I'm nearly at the top of the list - she has been saying this for several months!!

There are also cancer patients on the list and as I have explained, I do appreciate that they are made priority, however, if this is the case I will never get to the top of the list!! My funding for my op is sat there and my op also needs doing too!!

Any suggestions?

Thanks

Foxy

[stevemLS]

Re: NHS rights?

"Independent funding"? Do you mean you made an Individual Funding Request to your CCG to have the operation done by the person that had done it previously?

At an NHS hospital?

I don't want to pry but can you indicate the nature of the operation, what is it that needs re-doing so frequently?

[Foxyflugel]

Re: NHS rights?

Hi and thanks for your reply Steve.

Yes, that's the one IFR. My previous consultant has moved areas and is no longer a surgeon so my doctors researched for another well experienced surgeon.

Yes it is an NHS hospital but I have since found out that I could have had it done at the private one (apparently) - I know this from a friend who is having his knee op on the NHS at the same private hospital that I went into.

I had periductal mastitis so have lost a lot of tissue and the size/scarring is bad. My last op was in 2012 so now things have settled down (touch wood) this op is to 'make right' the damage.

Thanks

[stevemLS]

Re: NHS rights?

Who are your "doctors" - is it an NHS GP?

[Foxyflugel]

Re: NHS rights?

Yes I believe so.

[stevemLS]

Re: NHS rights?

OK, the 18 week rule applies where you are referred to a "consultant led" service. I think your problem is that you have requested to be seen by a consultant of your choice and that takes you outside the 18 week regime.

You can only choose to be seen at a private hospital if they will do a procedure for the same price as the NHS "tariff", many won't. There have been special arrangements to get waiting times for orthopaedics which is why your friend will be able to get his knee done at the private hospital.

[Foxyflugel]

Re: NHS rights?

Consultant led?

I was aware that my surgeon also did work at the local NHS hospital so I chose that hospital but I didn't request this consultant.

They refused my funding request initially as they said they needed a consultants report. I went back to the surgeon that had done my other ops and obtained a report.

So is there nothing I can do at all? It's been 6 months since my consultation and much longer since my funding was agreed. How much longer do they realistically expect me to wait...this is disgusting. 😕

[stevemLS]

Re: NHS rights?

For it to go to an IFR panel, whatever the procedure is must be one that is not routinely commissioned so in many ways you are fortunate that your request has been approved.

The best thing you can do, I'm afraid, is probably to ring the surgeon's secretary every week and ask where you are on the list.

You could complain to the CCG.

Unfortunately, from your perspective, your right if the 18week target is missed, your right is to be offered an alternative provider, which would mean you don't get to see the surgeon of your choice. That is the law I am afraid (Reg 48 of The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012)

[Foxyflugel]

Re: NHS rights?

Thanks for your reply Steve.

Whilst I do appreciate that I am fortunate to get the funding this is somewhat marred by my waiting time as there is little point in having funding agreed if you have to wait months or years to have the op.

Sadly, I have been calling the consultants PA regularly and I have been told each time, for the past 4 months, that I am 'near the top of the list".

Do I request a transfer to a different hospital/surgeon? If I do this, does the time I have already waited count?

Thanks

Foxy

[stevemLS]

Re: NHS rights?

All the law says is that the alternative provider must be able to offer an appointment earlier than the provider your referral is currently with.

It is the CCG that is obliged to make those arrangements.

Give them a ring (the CCG, follow up in writing), remind them of their obligations under the Regulation I have mentioned and see what they say, you might just find that if the CCG are on their back it prompts the surgeon you want to find a slot for you. Ask for PALS when you call the CCG.

[Foxyflugel]

Re: NHS rights?

Thanks Steve for your help...much appreciated.

Will do this next week and see if it helps any.

[Foxyflugel]

Re: NHS rights?

Okay..so I called the CCG and after being given the runaround by them..promises of call backs etc which didn't happen..they passed me on to the patients experience team at the relevant hospital. This department took all the details and I have now been offered an op date..beginning of December...result! Even though it will ruin my Christmas and I'm extremely annoyed at being left this long on 'the list'.

However, they then announce..at the last minute.. in a blasé manner that it is with 'another' surgeon! If I want to see the one I have been waiting for (for 7 months) I will have to wait until February next year as he takes all January off!!

Is it me or are they having a laugh? 10 months for an operation?

Is there anywhere else I can go to try and get some results? ..I. e. The surgeon who I had my consultation with and discussed everything with to actually do the op..sooner?

Unbelievable.

Thanks

Foxy

[wales01man]

Re: NHS rights?

If the Surgeon of your choice is not available not a lot you can do,any reason you do not want this other surgeon expect they are well qualified and remember when you are on the operating table you have no idea who is performing the op .

Unless you cancel have the op in December and get well

[stevemLS]

Re: NHS rights?

Afraid I have nothing further to suggest. It is your choice, either take the appointment next month or don't.

[Foxyflugel]

Re: NHS rights?

Thanks for your replies.

Foxy