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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My dad is an overseas visitor who was treated as an emergency

Resolved Question:

My dad is an overseas visitor who was treated as an emergency and stayed for 9 days. He informed them from the start that he was an overseas visitor.
He then had an operation 3 months later.
They did not tell him how much he would pay upfront and are now asking for 10000.
He feels that he was denied the option of refusing what he felt was unnecessary stay in hospital for the 9 days by not telling him the cost.
Also, he had very poor treatment during the second stay.

He now wants the nhs to review the charges.
Does he have a case and is it worth getting a lawyer
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Yes, if the charges were not clear from the beginning, there is a good chance of getting them reviewed some would say you should get a lawyer to represent your dad.

Can I help further?
Customer: replied 3 years ago.

The guidelines state that they should have accessed his ability to pay first but they have said that the onus is on him to have informed them that he was an overseas visitor and asked about the charges during his first 9 days admission .


However, he was admitted as an emergency and his daughter HAD put on all his forms that he was an overseas visitor.


 


Also does he have a case for reviewing his second stay as he had poor service - he saw his consultant just before surgery and never again .The doctors who saw him after surgery stated that they knew nothing about his surgery as they were not present and could give him no information about it. He received no information or answers to his questions and then he was discharged with a wound and incontinent given no information on how to care for the wound so he did the best he could at home.


 

Expert:  UKSolicitorJA replied 3 years ago.
In my opinion, there is a good case for him to challenge as they were informed of the fact that he was an overseas visitor in the forms and the second stay seems to be full of questions marks about the standard of care provided.

As advised, a solicitor should be appointed to review the paperwork and claim.

All the best
Customer: replied 3 years ago.

Hi,


Thanks for the reply.


I would also like to know if we need to get a solicitor first or send the complaint letter as we do not want to delay


Also as we are willing to pay for part of the fees, they have asked us to set up a payment plan. How will this affect things


 

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

You may send in the complaint letter as soon as possible and then look into appointing a solicitor.

A payment plan will be for the full amount which they are seeking, unless you can get them to agree to a mutually acceptable figure in which case you would not need a solicitor and save on legal costs.

Hope this helps.
Customer: replied 3 years ago.

Hi,


Thanks for the reply.


So should we ask for a caveat when setting up the payment plan that we will start paying but will only pay final fee after the review


Also do you write complaint letters on peoples behalf


If not, please how should we phrase the letter

Expert:  UKSolicitorJA replied 3 years ago.
Yes, you may make it clear when paying that you are paying "Under Protest" so that you reserve your right to dispute the fees later.

The letter may simply be along the following lines:

I am paying £ xxx in respect of purported fees Under Protest. I reserve my right to dispute these fees and intend to seek legal advice about the standard of care and the fees charged which were not notified to me in advance of them being incurred.

Yours faithfully

Your dad's name


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