TERMS AND CONDITIONS FOR TREATMENT BY MR. GIORGIO NETRI
1. OBLIGATIONS AND WARRANTIES.
1.1 Netri Cosmetic Surgery Ltd accepts no responsibility for matters which are within the professional responsibility of the Surgeon or Doctor or Practitioner including the consenting of the patient. All Surgeons and doctors and Practitioners work as independent contractors and are not employed by Netri Cosmetic Surgery Ltd. Netri Cosmetic Surgery Ltd shall satisfy itself, as it reasonably practical, the Relevant Practitioner is insured against claims for professional negligence with an appropriate UK medical Defence or Insurance organisation on terms that Netri Cosmetic Surgery Ltd consider reasonable. In signing these terms and conditions the patient expressly agrees that they accept UK insurance and Defence Union Cover is acceptable.
1.2 All Surgeons, Doctors and Practitioners make their own clinical decision at all times. The patient warrants that having read and understood these Terms and Conditions that no cause of action in negligence and/or breach of contract will accrue against Netri Cosmetic Surgery Ltd for any treatment carried out by the Surgeon, Doctor or Practitioner. The patient further warrants that he or she has read and understood the patient information and fully understands the range of possible outcomes of the proposed procedure. For the avoidance of doubt Netri Cosmetic Surgery Ltd is not vicariously or in any other way whatsoever liable for the negligent acts and omissions and/or breaches of contract and/or statutory duty by the self employed Surgeon or Doctor, such liability remains at all times with Surgeon or Doctor.
1.3 The patient accepts that no cause of action will accrue against Netri Cosmetic Surgery Ltd for any aspect of the procedure carried out or which should have been carried out by the Surgeon or Doctor or Practitioner including , but not limited to the initial consultation, the risks and benefits of the proposed procedure and the recommending of the correct and most appropriate procedure ( informed consent), the procedure performed, the prescription of medicine both before and after the procedure, patient discharge, appropriate follow-up consultations, examinations including the pre and post-operative care and care plan and the treatment any post procedure complications.
2. PATIENT’S OBLIGATIONS
2.1 This contract is conditional upon Mr Netri acceptance of the patient based upon the information given by the patient during Consultations and in the Pre-operative Assessments. The decision to carry out the procedure shall be at the discretion of Mr Netri and his decision will be final.
2.2 The patient agrees to provide Mr Netri 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, he/she will inform Mr Netri without delay and will keep Mr Netri informed. Failure to provide this very important medical history will be treated by as a material breach of contract by the patient.
2.3 The minimum age for any patient to undergo a pre-procedure consultation is 18 years. Mr Netri and his Staff can request photographic ID to prove the patients age before providing treatment. A copy of the identification may be made and kept in the patient file.
2.4 Advice given to the patient by Mr Netri is followed strictly by the patient.
3. GENERAL OBLIGATIONS
3.1 Mr Netri reserves the right to alter or cancel the patient’s admission date and time and/or outpatient appointment although such cancellations or alterations will be avoided wherever possible. The patient agrees that no consequential loss will be payable for any short notice cancellation or alteration of any procedure or appointment date and/or time. The patient also acknowledges and accept that the time that they are asked to attend the Hospital on the day of the procedure may well be many hours before the procedure take place due to operating theatre lists.
3.2 The patient agrees and acknowledges that this set of Terms and Conditions and any Pre-operative Medical Notes and Records made are understood by them, that the information that they have given is accurate and correct and that the patient has been given an opportunity to seek an explanation of both. The patient acknowledges that the Pre-operative Medical assessment Documentation is designed to ensure that the patient and Mr Netri have fully agreed the procedure that has been planned and that the patient understands before the procedure the potential risks and benefits of it and has given their informed consent for the procedure to be undertaken.
3.3 The patient will be required to Sign a Consent Form prior to the procedure.
3.4 In the interest of patient safety and welfare Mr Netri reserve the right to cancel, refuse or postpone the patient’s procedure at any time without any liability whatsoever to the patient.
4. RESCHEDULING/ CANCELLATIONS/FAILURE TO ATTEND
4.1 Cancellation due to pre-existing medical conditions known by the patient but undisclosed by the patient prior to booking will not be refunded and will be treated as a material breach of contract by the patient and the full cost as set out in the patient quotation will be payable by the patient.
4.2 Cancellation for unknown medical reasons will be rescheduled where possible, If after reasonable consideration the indicated medical condition prevents rescheduling of the procedure or a cancellation is due to unexpected circumstances a refund of the deposit may be possible on a case by case basis.
4.3 Any cancellation made on medical grounds by the patients will require the patient to provide proof of the condition, including date of knowledge, from their GP or medical team providing treatment.
5. COMPLAINTS
The complaint procedure is available on request from any member of Staff. If the patient has a complaint regarding any aspect of their treatment is recommended that the patient discuss this with Mr Netri in the first instance. Any and all complaints must be made in within 6 months of the date of the patient’s procedure or incident about which the patient is complaining. The patient will receive a written acknowledgment of the complaint within 2 working days of receipt (unless a full reply can be sent within 5 working days). A full response will be made within 20 working days of receipt of the complaint (if this is not possible a letter explaining the reason for the delay will be sent to the complainant and a full response will be made within 5 working days of conclusion of the process.
Should you be dissatisfied with the resolution of your stage 1 complaint, Mr Netri is registered with the ISCAS (Independent Sector Complaints Adjudication Service) and you could therefore request an adjudication by the ISCAS Secretariat. It is required that the patient contacts the ISCAS Secretariat within 6 months of the final determination of the stage 1 complaint.
Important: please note that by consulting Mr Netri or undergoing any treatment under his care, you agree to your medical information being shared with his professional advisors including legal and clinical, in the event of a complaint or claim.
6. COMMUNICATION WITH OTHER PROFESSIONALS
Mr Netri, in keeping with GMC guidelines, will write to your GP in relation to treatment that you are undergoing and particularly if he requires further information for example regarding medical condition or blood test results. Mr Netri from time to time may also need to consult other specialists/health professionals in relation to any condition that you have and by continuing under his care you give consent for him to do this. Mr Netri reserve the right to refuse to see or treat patients who do not give permission for him to communicate with their GP or other relevant health professionals.
7. AFTERCARE AND READMISSION
7.1 When undergoing treatment with Mr Netri you agree to comply with his post-operative instructions. Mr Netri will not be responsible for continuing your care or your outcome if you do not follow his post-operative instructions or attend follow ups as scheduled.
7.2 Complications can arise in surgery with the best intentions and this can lead to additional attendance in clinic or indeed further surgery. Mr Netri is aware that this can also have time and cost implications as well as loss of earnings. Whilst Mr Netri will aim to promptly treat complications subject to you having followed posttreatment instructions, he will not be liable for loss of time, earning, travel costs and other costs related to these. If you suffer post-operative problems and have not complied with post-operative instructions Mr Netri may carry out / help you arrange necessary emergency treatment, but you will be liable for the full cost of this. Following stabilisation of your condition Mr Netri reserves the right to refuse further treatment under his care.
7.3 If the patient fails to follow advice and guidance given (both pre and post-procedure), or where the results of the procedure originally provided have been affected by changes in lifestyle, illness or the natural ageing process Mr Netri will not provide continuing procedures.
7.4 If during the aftercare period of 12 months after surgery the patient and the Surgeon agree that a further procedure (as part of the original procedure) is necessary the Surgeon will consider contributing to the surgical and premises cost of the procedure. If, however, Mr Netri thinks that the results of the procedure are acceptable within the normal limits of the type of procedure originally undertaken, then any further procedure will incur the full fee. Readmission procedures do not automatically provide the same aftercare period as the original procedure, the patient should check with Mr Netri the period of cover that will be applicable, if any, before the patient’s admission for the further procedure.
Complaint Resolution Procedure
If for any reason you are unhappy with the facilities or services you have received from Mr Giorgio Netri, we would like to know about it as soon as possible so we can investigate your concerns and explain, apologise and take positive action where necessary. In most circumstances, if you tell us about your concern quickly, we can resolve the matters straightaway. To let us know about something in which you are unhappy with please speak with Anne Netri (Clinic Manager) in the first instance.
If you are not fully satisfied you can put your concerns in writing and use out formal Complaint Resolution Procedure which meets with the requirements set out by the Independent Sector Complaints Adjudications Service (ISCAS).
The Complaint Resolution Procedure has two stages and reflects the principles of the ISCAS Code of Practice:
Stage 1 – Local resolution within the individual practice
Stage 2 – Resolution with the Company Director
Stage 3 – Independent Adjudication from ISCAS
Stage 1
To start the formal Complaint Resolution Procedure you should write to:
Clinic Manager – Anne Netri
Netri Cosmetic Surgery
2 Stamford Park Road
Hale, WA15 9EN
You should state what has caused you to have concerns and made your points clear. Please document when the relevant events took place and what results you expect from your complaint.
Complaints should normally be made as soon as possible at stage 1, and within 6 months of the date of the event complained about, or within 6 months of the matter coming to the attention of the complainant. The time limit may be extended by the Independent Health Practitioner where the complainant has good reason for not making the complaint in the time limit (for example, where a complainant has been grieving), and there is a realistic opportunity of conducting a fair and effective investigation into the issues raised.
The named person at the practice will send you an acknowledgement of your letter within three working days of receipt of the complaint (unless you can be provided with a full response within five working days).
A full response to your complaint will be made within twenty days of receipt of the complaint. If the investigation is still in progress after twenty days a letter will be sent to you explaining the delay and a full response made within five days of reaching a conclusion. In any event a holding letter will be sent every twenty days where an investigation is continuing.
Stage 2
The Company Director Resolution Procedure will consider your complaint and will undertake a review of the documentation, any correspondence and the handling of the complaint at Stage 1. The Company Director will write to you and in any event within twenty days to either confirm the outcome at stage 1 or to offer an alternative resolution.
At this time you will be advised of your right to take the matter further to Independent Adjudication known as ISCAS and stage 3 in these procedures.
Throughout the process all information, documents and records relevant to your complaint will be treated in the strictest confidence and no information will be divulged to any parties who are not involved in the Complaint Procedure, unless required to do so by law.
Stage 3
This stage is only available for complainants who remain dissatisfied and stage 1 is exhausted.
A complainant should then request the Adjudication by writing to the Secretariat:
Independent Sector Complaints Adjudication Service (ISCAS)
Care of CEDR – Centre for Effective Dispute Resolution
International Dispute Resolution Centre
70 Fleet Street
London, EC4Y 1EU
Tel: 0207 536 6091 Email: info@iscas.org.uk
The written request for adjudication must be made within 6 months of the final determination by the Clinic Manager at stage 1. The complainant at stage 2 should provide reasons to explain the dissatisfaction with thew outcome of stage 1. The ISCAS Secretariat will seek confirmation from the Clinic Manager that stage 1 has been completed.
The ISCAS Secretariat will notify the Clinic Manager of a request for stage 2 made directly within ten days. The Secretariat will then be the main contact for the complainant once Adjudication is started. A complainant accessing this service will be asked to consent to the release of records from the doctor relevant to the complainant and a report will be made to the complainant and the doctor concerned:
Additional information for patients about ISCAS can be found at: https://iscas.cedr.com/
The Care Quality Commision
Some healthcare services are required to be registered by the Care Quality Commision (CQC) which regulates Health and Adult Social Care Services. The CQC does not investigate complaints but considers relevant information about practices providing regulated activities within the terms of the legislation. They can be contacted at:
CQC National Correspondence
Citygate
Gallowgate
Newcastle Upon Tyne, NE1 4PA
ISCAS – www.iscas.org.uk CQC – www.cqc.org.uk
Unacceptable behaviour by complainants
At each stage of the complaint’s procedure, it may be deemed that a patient’s behaviour is unacceptable. We have a policy in place to handle unacceptable behaviour of the complainants.
