LUXEMBOURG: A European court yesterday ruled in favor of a 75-year-old British national who sought reimbursement of the cost she incurred in a hip surgery abroad.
Yvonne Watts took her case to the European Court of Justice after her primary care trust (PCT) in Bedford refused to pay for her treatment abroad. The woman was originally given a one year waiting period for a hip surgery but was later told she would have to wait 4 to 5 months.
The woman decided the wait was too long for her and went to France where she spent £3,900 (About $7,400) for the hip operation. The NHS had warned her it would not authorize reimbursement if she took treatment abroad.
If a patient chooses to go to another country rather than suffer a long wait, the state's health care system must pay the bill, the European court said while citing EU rules on freedom to services. But, the ECJ clarified, now it was up to the British courts to determine if the waiting period suggested by the woman's PCT could be considered an “undue delay”.
Patients' clinical needs have to be assessed precisely by competent medical professionals who could recommend a medically acceptable waiting period. This recommendation should be considered by NHS officials, the ECJ judges said.
When faced with cases like the one concerning Watts, NHS officials have to prove that the suggested waiting time is well within the medically recommended period which should take into account various things, such as the likely duration of the illness and the medical profile and history of the patient.
The ECJ also suggested a dynamic approach while recommending waiting time. Health officials must keep it flexible so that it could be altered according to changes in the patient's condition during the waiting period.
The court ruling could likely encourage more Britons to travel abroad for treatment and seek reimbursement at home. This could increase the cost for the NHS. Every year, around 50,000 Britons go abroad for private surgery, according to a rough estimate.
