TERMS AND CONDITIONS
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Charges: the charges payable by the Patient and/or Patient Sponsor or Patient Referral Sources for the supply of the Services in accordance with clause 5.
Contract: the contract between the Introducer and the Patient and/or Patient Sponsor or Patient Referral Sources for the supply of Services in accordance with these Terms and Conditions.
Cover Letter: the cover letter sent to or attached to the Contract by the Introducer dealing with Charges and any other matters relating to the Services.
Client: Patient, Patient Sponsor or Patient Referral Sources.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Introducer: London International Patient Services Limited registered in England and Wales with company number 10111760 based at London International Patient Services, 5 Devonshire Place, London, W1G 6HL, United Kingdom
Medical Information: medical records of the Patient and any other medical information associated with the Patient.
Medical Provider (MP): a doctor or medical consultant, as well as hospitals, clinics and other healthcare professionals such as (but not limited to) a nurse, physiotherapist, psychologists etc. who will be providing medical treatment, diagnostics or investigations and any other medical services or treatment related services to the Patient required in each individual case.
Party: includes any or all of the Introducer, Patient, Patient Referral Sources and Patient Sponsor.
Patient: a person receiving medical treatment from an MP as a result of the Services.
Patient Sponsor: an organisation, company or body responsible for payment of medical treatment for a Patient provided by MP and includes (but it is not limited to) governments (embassies), companies sponsoring international patients and insurance providers that cover patients for international treatment.
Patient Referral Sources: medical repatriation companies, medical travel/tourism agencies and other referral sources, including (but not limited to) international hospitals/clinics and medical professionals such as Doctors, Physiotherapists Nurses etc.
Services: the Introducer is to act as an introduction/co-ordination agent between the MP and the Patient or Patient Sponsor or Patient Referral Sources in relation to a Patient requiring medical treatment in the UK. The Introducer will source the relevant MP for the Patient and will refer the Patient to that MP who will provide medical care to the Patient. FOR THE AVOIDANCE OF DOUBT THE INTRODUCER IS NOT PROVIDING MEDICAL OR OTHER TREATMENT ITSELF AND THE “SERVICES” DO NOT INCLUDE MEDICAL OR OTHER TREATMENTS.
a. A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
b. Any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
c. A reference to writing or written includes fax and email.
2. Supply of Services
2.1 The Introducer shall supply the Services to the Patient/Patient Sponsor/Patient Referral Sources acting as an introduction or referral agent between the Patient and the MP.
2.2 The Introducer shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement or which materially affect the nature or quality of the Services and the Introducer shall notify the Patient, Patient Sponsor and/or the Patient Referral Sources in such event.
3. Patient/patient sponsor/patient referral sources’ obligations
3.1 The Patient, Patient Sponsor, or Patient Referral Sources shall:
a. not be entitled to access invoices or quotes provided by the MP to the Introducer with regards to the Services
b. co-operate with the Introducer in all matters relating to the Services; and
c. provide the Introducer with such information and materials as the Introducer may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects
d. not be entitled to hold the Introducer responsible for any acts or omissions of the Introducer insofar as they result from or are caused by any information provided by a party which is not complete and/or accurate in all material respects
e. indemnify the Introducer on written demand for any costs, losses or liabilities sustained or incurred by the Introducer arising directly or indirectly from their act or omission including any default.
f. For the avoidance of doubt the Patient and Patient Sponsor acknowledges that the MP should not invoice the Patient/Patient Sponsor for the MP’s services and so under no circumstances shall the Patient or the Patient Sponsor pay the MP direct for any services even if the MP mistakenly or otherwise invoices the Patient or the Patient Sponsor.
4. Introducer’s obligations
4.1 Where the Patient is self-funding, the Patient is responsible for paying the Introducer in respect of the MPs invoices/quotes and the Introducer shall be responsible for collecting payment from such Patient as agent for the MP in accordance with the MP invoices/quotes for the work which shall be carried out by MPs, prior to the Introducer authorising the MP to carry out any such work, which will include (but shall not be limited to) medical treatment, investigations and any other medical services or treatment related work, as shall be required in each individual case.
4.2 The Introducer shall be responsible as agent for the MP for collecting the payment following the MP’s completion of medical treatment, investigations or services for Patients who have a Patient Sponsor from the Patient Sponsor where such Patients are in possession of a letter of guarantee (LOG) from a Patient Sponsor. For the avoidance of the doubt, the Introducer shall only collect the payment from the Patient Sponsor in relation to specific medical services or treatment related services identified in the LOG.
4.3 For the avoidance of doubt, the Introducer shall not be responsible for or liable for any MP’s fees or charges associated with any MP services where the Introducer is not able to collect such payments having acted reasonably in trying to do so.
4.4 Time shall not be of the essence for the performance of the Services unless expressly agreed in writing.
5. Charges and payment
5.1 The Charges for the Services shall be on a following basis:
a. The Introducer shall acting as agent for the MP invoice the Patient or Patient Sponsor directly for the initial provision of services of the MP.
b. Only after having been paid directly by the Patient or Patient Sponsor or other person, the Introducer shall pay the amounts due and owing to the MP in accordance with an undisputed invoice (and where such invoices have been agreed in writing by the Introducer), sent to the Introducer by the MP less any amounts due and payable to the Introducer.
c. Any further medical care, including (but not limited to) any follow-up appointments and further procedures or interventions, provided by the MP to the Patient shall be [invoiced by the Introducer acting as agent for the MP] and shall be paid for pursuant to clause 5.1(a) and 5.1(b) above.
5.2 The Charges and any payments due to the MP for its services shall be set out in the Cover Letter and shall be invoiced as set out in the Cover Letter and Invoices shall be paid by the Patient, Patient Sponsor or other person, in advance of treatment for the self-funding Patient, and within 30 days of the date of the invoice for all other Patients, and in full and in cleared funds to a bank account nominated in writing by the Introducer and, for the avoidance of doubt, time for payment is of the essence of the Contract. The Introducer requires that payment card details be supplied by insured Patients in advance of the supply of services in order to ensure payment in the event of non-payment of the entire service by the Insurer. If payments are not made by the due date the Introducer may charge interest on the overdue amount in accordance with the Late payment of Commercial Debts (Interest) Act 1998. For the avoidance of doubt all payments due shall be paid in full without any deduction or withholding except as required by law and no credit, set-off or counterclaim can be made.
5.3 All amounts payable under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being (VAT). Where any taxable supply for VAT purposes is made under the Contract, any such additional amounts in respect of VAT shall be chargeable.
6. Intellectual Property
All rights in or arising out of or in connection with the Services shall be owned by the Introducer.
7. Limitation of liability
7.1 Nothing in the Contract shall limit or exclude the Introducer’s liability for death or personal injury caused by its negligence.
7.2 For the avoidance of the doubt, the Introducer shall not be liable to the Patient or the Patient Sponsor or the Patient Referral Sources for the services provided by the MP to the Patient or the Patient Sponsor or Patient Referral Sources including any act or omission of the MP or those employed or engaged by the MP including negligent medical care. The Patient should have regard to any terms and conditions agreed by the Patient with the MP in connection with any services provide by the MP. The Introducer’s liability shall only be limited to the provision of the Services (being an introduction of the Patient to the MP and the co-ordination of the introduction and referral process) in accordance with this clause 7.
7.3 The Introducer shall not be responsible for any disclosure of the Patient’s Medical Information by the MP to any third party.
7.4 Subject to Clause 7.1 the Introducer shall not be liable to the Patient, Patient Sponsor or Patient Referral Service whether in contract, tort (including negligence, breach of statutory duty, or otherwise) for any loss of profit (whether indirectly or directly incurred) or any indirect or consequential loss arising under or in connection with the Services and this Contract.
7.5 Subject to Clause 7.1 the Introducer’s total liability to the Patient, Patient Sponsor or Patient Referral Services in respect of all losses costs and liabilities arising under or in connection with the Services and this Contract whether in contract, tort (including negligence), breach of statutory duty or otherwise is limited to the value of the Charges received by the Introducer.
7.6 Except as set out in this Contract, all warranties, conditions and other terms implied by statute or common law are to the extent permitting by law excluded from the Contract.
7.7 This Clause 7 shall survive termination of the Contract.
8.1 Without limiting its other rights or remedies or for obligations it may already have incurred or for payments or charges which are or which become due and payable, either Party may terminate the Contract by giving the other Party 1 week’s written notice.
8.2 Without limiting its other rights or remedies or otherwise as set out in Clause 8.1, either Party may terminate the Contract with immediate effect by giving written notice to the other Party if the other Party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 7 days of that Party being notified in writing to do so.
9.1 Force majeure. Neither Party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
9.2 Assignment and other dealings.
a. The Introducer may (acting reasonably) at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
b. The Patient, Patient Sponsor and Patient Referral Services shall not without prior written consent of the Introducer assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract.
9.3 Confidentiality and Data Protection.
a. Each party undertakes that it shall not at any time at any time during the Contract and for a period of 1 year after the termination of the Contract, disclose to any person any information of a confidential nature concerning the business, personal details, affairs, patients, clients or suppliers of the other Party, except as permitted by clause 9.3(b) below.
b. Each Party may disclose the other Party’s confidential information:
i) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the Party’s obligations under the Contract. Each Party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other Party’s confidential information comply with this clause 9.3; and
ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
c. Neither Party shall use the other Party’s confidential information for any purpose other than to perform its obligations under the Contract.
d. The Introducer, Patient, Patient Sponsor and Patient Referral Sources acknowledge their respective obligations arising under the Data Protection Act 1988, the Human Rights Act 1988 and under the common law duty of confidentiality and will use their reasonable endeavours to assist each other as necessary to enable compliance with those obligations. At the request of the Introducer, the Patient, Patient Sponsor and Patient Referral Services shall take such reasonable steps as are necessary to assist the Introducer in complying with its obligations to any public authority in connection with the Freedom of Information Act 2000.
9.4 Entire agreement.
a. This Contract constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
b. Each Party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each Party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
9.5 Variation. No variation of the Contract shall be effective unless it is in writing and signed by the Parties (or their authorised representatives).
9.6 Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:
a. waive that or any other right or remedy; or
b. prevent or restrict the further exercise of that or any other right or remedy.
9.7 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
a. Any notice or other communication given to a Party under or in connection with the Contract shall be in writing, addressed to that Party at its registered office or such other address as that Party may have specified to the other Party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or email.
b. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 9.8(a); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or email, one Business Day after transmission.
c. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
9.9 Third parties. No one other than a Party to the Contract shall have any right to enforce any of its terms.
9.10 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
9.11 Jurisdiction. Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
TERMS AND CONDITIONS FOR SURGICAL PROCEDURES
These Terms and Conditions of Business (“Terms and Conditions”) apply to the supply of services by Personal Health Service Ltd Registration No 10111760) trading as London International Patient Services (LIPS) of 35 Berkeley Square, Mayfair, London W1J 5BF. In the event of any inconsistency between these Terms and Conditions and the contents of other literature provided by LIPS to the Patient, these Terms and Conditions shall prevail.
- DEFINITIONS AND INTERPRETATION
- In these terms and conditions the following words and expressions shall have the meanings respectively set against them.
|'Balance''||That portion of the Fee for a Procedure that remains unpaid after payment of a deposit or partial payment of the fee for the Procedure.|
|“Confirmation Pack”||LIPS’s standard email containing details of the Procedure booked by the Patient, including the type of Procedure, the fee for the Procedure, the date of the Procedure, the date by which the fee for the Procedure must have been paid in full and pre-operative self-assessment forms|
|“Clinician”||A Nurse, Surgeon or Doctor (as the case may be)|
|“Complaints Procedure – Patient Guide”||LIPS’s complaints procedure for patients which can be obtained by emailing Complaints firstname.lastname@example.org|
|“Consent Form”||The consent form signed by the Patient signifying his/her consent to a Procedure|
|“Consultation”||A consultation with a Surgeon about a Procedure(s) being contemplated by a Patient`|
|“Consultation Fee”||That part of the Fees referable to the Consultation|
|“Surgical Fee”||The fee charged by the consultant for the Procedure|
|“Nurse”||A nurse registered to practice, in the United Kingdom by the Nursing and Midwifery Council|
|“Patient”||Any person who is at least 18 years of age (or 16 and 17 years with a GP referral letter) who has entered or is contemplating entering into a contract with LIPS for a Procedure|
|“Patient Advisor”||A Clinic employee responsible for providing the Patient with ongoing information about their surgeon and their procedure|
|“Pre-operative questionnaire”||The self-assessment Medical Questionnaire provided to to allow the Surgeon to assess the Patient physiological suitability for a Procedure|
|“Procedure”||The surgical procedure to be arranged by LIPS for a Patient and performed by a Surgeon|
|“Procedure Information”||The Procedure Information that is provided to the Patient by LIPS|
|“Psychological Screening and Declaration Form”||The Patient self-declaration questionnaire to allow the Surgeon to assess the Patient psychological suitability and motivations for a Procedure|
|“Surgeon”||A medical practitioner registered to practice in the United Kingdom by the General Medical Council, who is a Fellow of the Royal College of Surgeons (or equivalent non-UK qualification)|
- LIPS’s OBLIGATIONS
In providing a Procedure for a Patient, LIPS shall:
2.1. Ensure that the Procedure is carried out by an appropriately qualified and registered Surgeon;
2.2. Satisfy itself that the Surgeon or doctor is insured with the Medical Defence Union, the Medical Protection Society, or another insurer or indemnity provider approved by LIPS, against claims for professional negligence on terms that LIPS reasonably considers are normal, given prevailing market conditions at the relevant time;
2.3. Satisfy itself that the Clinician holds the necessary qualifications and registrations required for him/her to practice;
2.4. Provide/arrange suitable facilities for the provision of Procedures;
2.5. Provide the Patient with such information as the Patient may reasonably require enabling him/her to understand the nature of the Procedure being offered and to decide whether or not to proceed with a consultation with a surgeon.
2.6. LIPS shall provide/arrange suitable facilities for the provision of the Procedure(s) which includes
- Hospital Fee including standard consumables and staffing
- Anaesthetist fee
- Post-procedure nutrition
- Anaesthetist fee
- Pre-operative haemoglobin and BMI tests where appropriate
- Pre-operative nurse telephone assessment
- Return to theatre for haematoma within 24 hours (assuming correct procedure followed, and no outside interference and return takes place at one of the Clinic’s theatres. No full or partial payment will be offered towards a return to theatre at an alternative hospital)
- Take home drugs
- Ward drugs and dressings
- Post-operative wound care
- Post-operative surgeon’s consultation
2.7. LIPS may also provide additional pre- or post-operative diagnostic tests, histology or further specialist assessment required on an individual basis and will itemise, quote and invoice separately ahead of the procedure. These include but are not limited to
- Pre- and pre-operative tests including blood tests, biopsies and other pathology and histology
- MRSA swabs
- Psychologist consultation
- GP/specialist suitability for surgery letter
- X-ray, MRI, ultrasound
- THE PATIENT’S OBLIGATIONS
3.1 The Patient shall be responsible for reading and for making sure that they understand the Procedure Information and other information and literature provided prior to consenting to undergo any Procedure, and for complying with all the pre- and postoperative instructions concerning the Procedure supplied by the Clinician and/or LIPS. The Patient shall also be responsible for returning their Pre-operative questionnaire and Psychological Screening and Declaration Form, a minimum of two weeks before their procedure, and ensuring timely payment for any Procedure received or to be received, in accordance with these Terms and Conditions of Business. It is also the Patient’s responsibility to ask any questions that they may have about the Procedure so as to ensure that they have a full understanding of the Procedure.
3.2 The Procedure will take place at a Third Party Hospital. In the event the Procedure takes place at a Third Party Hospital, these same terms and conditions apply and The Patient shall also be responsible complying with all the pre- and postoperative instructions concerning the Procedure provided by the Third Party Hospital.
- THE SURGEON’S/DOCTOR’S OBLIGATIONS AND THEIR RELATIONSHIP WITH LIPS AND THE PATIENT
4.1. Any Surgeon has a direct professional relationship exclusively with the Patient and is professionally and legally responsible for and accountable directly to the Patient for all Procedures provided.
4.2. The Surgeon is also solely responsible for: obtaining consent for the Procedure, including providing the Patient with appropriate clinical information about the Procedure; detailed pre- and post-operative instructions; detailed information about the expected outcome and limits of the Procedure; for advising the Patient about all the risks and possible complications associated with the Procedure; for deciding whether or not the Patient will benefit from and is suitable for the Procedure; and is solely responsible for accepting or rejecting the Patient for a Procedure
4.3. The Surgeon is solely responsible for the care, and any required after-care of the Patient, including any revision surgery agreed in accordance with the Re-Admission Policy of section 8 below
4.4. LIPS cannot accept any responsibility or liability for matters within the scope of the professional and/or legal responsibility of the Surgeon.
5.1. A consultation with a Surgeon requires payment of £150 to be received at the time of booking the appointment. This includes a secondary consultation free of charge should one be needed.
5.2. An additional £500 is required to secure a Procedure date. The deposit is totally refundable until the second consultation date. After the second consultation, the deposit is only transferable to any day in case of reschedule and can be refunded only under extenuating circumstances.
5.3. The Balance payable for a Procedure must be received at least 7 days before the procedure date.
5.4. Where a Procedure date is confirmed within the 30 days period, payment becomes due in full at the point of booking.
5.5. Any financing agreement between the Patient and a Third-Party Finance company to settle the Balance is independent from LIPS. The patient must abide by both these Terms and Conditions, including any cancellation and postponement obligations and charges in full, and separately abide with any payment terms agreed independently with the Third-Party Finance company.
Cancellation by a Patient
6.1. All cancellations by a Patient must be communicated by email to the PA.
6.2. Fees paid for a Surgeon consultation are fully refundable provided notice of cancellation is received from the patient by the PA at least 24 hours prior to the scheduled date of the Consultation, otherwise there will be no refund of the Consultation Fee.
6.3. A Patient has the right to cancel the procedure up until the second consultation day. If they wish to cancel after the second consultation, £500 deposit will not be refunded.
Cancellation of a Procedure by the Surgeon/Anaesthetist:
6.4. LIPS reserves the right to cancel or postpone a Procedure if, in the opinion of the Surgeon, the Patient is medically unfit for treatment or the treatment requested is deemed inappropriate for the Patient and there is no alternative treatment plan to achieve the same purpose.
6.5. If the Surgeon considers that a postponement of the Procedure is appropriate for medical reasons, a new date for the Procedure will be provided and no postponement charge will be payable. If the Surgeon considers that the Procedure should be cancelled for medical reasons a full refund of the Fee paid by the Patient will be given less £150 surgeon consultation fee.
6.6. If surgery is cancelled due to the Patient either not informing the Surgeon/Anaesthetist of a known existing medical condition/previous history of drugs taken or not following any pre-operative advice provided by the Surgeon or any other Clinician, including an anaesthetist, then any fees paid shall not be refunded.
6.7. The Patient must be prepared to submit to a blood or urine test if requested by the Surgeon, if, in the opinion of the Surgeon or Anaesthetist, the Patient may have recently taken drugs or nicotine. If the Patient does not wish to submit to a blood or urine test the Surgeon may cancel the procedure any fees paid shall not be refunded.
7.1. A Procedure may be postponed for up to 24 (twenty-four) months (if postponed
for reason of pregnancy) or 12 (twelve) months for any other medical reason or for any non-medical reason, provided the Fee has been paid in accordance with Section 5. LIPS will retain all Fees paid for the account of the Patient during the period of postponement. Should the Patient need to postpone treatment, the following schedule of postponement charges will apply. It is the Patient’s responsibility to reschedule the Procedure. Where a Patient fails to reschedule the Procedure, any Fees paid will not be refundable.
|Date of receipt of written notification||Postponement Charge|
|Over 30 days prior to Procedure date:||No Charge|
|Between 30 days to 15 days prior to Procedure date:||£250|
|Between 14 days and 5 days prior to Procedure date:||£500|
|Between 4 days and 48 hours prior to Procedure date:||£1,000|
|Less than 48 hours prior to Procedure date:||Full Procedure Fee is chargeable|
7.2. All postponements by a Patient must be communicated by email.
- RE-ADMISSION POLICY
8.1. The Surgeons strive to provide Patients with the best possible outcome of their Procedure. However, the final cosmetic result cannot be guaranteed, and revision surgery may be necessary or complications can occur no matter how careful the Surgeon or how good the care. This may be due to a number of factors including but not limited to infection or poor blood circulation, or a patient’s unpredictable reaction to treatment. In rare cases the Patient may consider that the outcome of their Procedure does not meet the expected result agreed between the Surgeon and the Patient at the Consultation. In those situations, consideration will be given to the possibility of improving the result through further surgery. Further surgery on the Patient’s post-operative presenting condition will only be carried out at the discretion of the Surgeon who performed the Procedure. If the Surgeon deems that further surgery is necessary in order to improve the result of the original Procedure which is not, in the opinion of the Surgeon, in line with the expected result agreed between Surgeon and Patient at the time of Consultation, then, subject to provisos in Clauses 8.2 to 8.11, The Surgeon will provide all surgical and hospital services for this re-admission free of charge to the Patient. Should the Patient request any other additional revision surgery this will be provided at a cost to the Patient. If, however, the Surgeon decides that the results of a Procedure are acceptable and within the normal limits and known risks of surgery, then our normal charge, less 10%, will be made for further surgery but such further surgery will only be offered if the Surgeon considers it to be beneficial and in the Patient’s best interests. Should the Patient request any further revision surgery on this basis this will be provided at the normal price to the Patient less 10%.
This readmission policy is subject to the following provisos:
8.2. The Patient must have expressed his/her dissatisfaction with the outcome to The Surgeon in writing and been examined at the hospital by the Patient’s operating Surgeon in this context within one year of the date of the original Procedure
8.3. In order for revision surgery to be carried out free of charge the Surgeon and the Medical Director of the hospital (or a third party independently appointed by the Registered Officer should the Medical Director have carried out surgery him or herself) must agree that the outcome of the Procedure did not meet the expected result and that any complication is directly related to the original Procedure and not accepted as a recognised consequence of that treatment or the patient’s underlying medical condition
8.4. In cases where the results of the Procedure originally provided have, in the opinion of the Surgeon, been compromised by lifestyle (including but not limited to smoking, alcohol, drug use, weight gain or exposure to the sun), illness, the natural ageing process or by any failure of the Patient to fully adhere to the instructions, recommendations or advice of the Surgeon regarding postoperative appointments or care and lifestyle, The Surgeon cannot commit to providing revision surgery at special rates.
8.5. In the case that the results of the surgery are due to any known risk, that has been
discussed before surgery including but not limited to keloid or hypertrophic scarring, The Surgeon cannot commit to providing revision surgery at special rate. The Patient can take a preoperative genetic test for patients who wish to know if they are prone to poor scarring.
8.6. The Surgeon is responsible for the outcome of that Procedure. If the original operating Surgeon is not available, it may not be possible to find another Surgeon willing to undertake revision surgery free of charge.
8.7. LIPS will not offer refunds for a patient unhappy with the outcome of a Procedure, or in any other circumstances
8.8. The readmission surgery must take place at the same hospital unless specifically agreed in writing by the hospital director. No full payment or partial payment will be offered towards a readmission offsite, nor a refund for the original procedure.
8.9. If a patient has had previous surgery with another surgeon and attends with us for revision surgery then this and, any further revision surgery, will be at our current normal prices.
8.10. In the event of revision surgery being cancelled or postponed by The Patient for non-medical reasons or due to the Patient either not informing the hospital/ the Surgeon/the Anaesthetist of a known existing medical condition/previous history of drugs taken or not following any pre-operative advice provided by the Surgeon or any other Clinician, including an anaesthetist within 4 weeks of the operation date, no further free-of-charge revision will be offered and The Patient will pay normal prices if the surgery is rescheduled.
Procedures with Breast Implants
8.11. If, within three years of the initial surgery, the operating surgeon believes that a Baker Grade III or IV capsular contracture or rupture is present, a Patient may be readmitted for remedial treatment at no cost to the Patient. Should any further capsular contracture or rupture take place any further remedial surgery will be chargeable at our list price less 10%. A rupture must be confirmed by a radiologist’s report and approved by a director of the hospital. The radiologist report will need to be arranged and paid for by the patient.
8.12. Any payment due to the Patient as a result of a manufacturer warranty will be paid by the manufacturer to the hospital and act as partial payment towards the readmission costs of the patient; except within the first three years of the original Procedure whereby this payment will cover the full readmission costs of the Patient. The manufacturer warranty is only valid when remedial surgery is performed by The Clinic unless the manufacturer warranty specifically state otherwise.
9.1. In the event that the Patient is dissatisfied with any aspect of the service provided, the Patient should speak to the PA as soon as possible. If they are unable to resolve the issue to the reasonable satisfaction of the Patient, LIPS’s Complaints Procedure – Patient Guide shall apply. The patient can raise a formal complaint by emailing email@example.com
- CONFIDENTIALITY AND DATA PROTECTION
10.1. LIPS processes data relating to Patients in connection with the Procedure provided to those Patients in accordance with these Terms and Conditions.
10.2. LIPS wishes to disclose Patient data to Clinicians in the course of the Procedure and the Patient’s consent to such disclosure is considered essential to the Procedure.
10.3. The Patient is deemed to consent to the disclosure of sensitive personal data by LIPS to Clinicians for the purposes of discussing the Patient’s Procedure.
10.4. The Patient acknowledges that LIPS is obtaining this consent for themselves in order that they may comply with the provisions of the Data Protection Act 2018.
10.5. Other than these disclosures, or as required by law, LIPS will not disclose Patients’ sensitive personal data to third parties.
- NO VARIATION
11.1. There can be no variation or exceptions to these Terms and Conditions unless agreed in writing and countersigned by a Director of LIPS. LIPS reserves the right to amend, change or delete such terms and conditions as it deems appropriate.
- LEGAL JURISDICTION
12.1. The services provided by The Surgeons shall be governed by the laws of England and Wales, whose courts shall have exclusive jurisdiction.