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Clinical Negligence

Volume 407: debated on Thursday 19 June 2003

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To ask the Secretary of State for Health to what extent the NHS retains liability for compensating patients for clinical negligence suffered whilst undergoing treatment abroad under the Patient Choice initiative; and if he will make a statement. [118698]

The Government's policy is that patients travelling abroad for treatment should have the same rights and remedies as patients being treated in the United Kingdom.Where a national health service patient is referred for treatment abroad under the Patient Choice initiative, the referring NHS trust retains a responsibility towards that patient.The referring NHS trust will therefore retain primary liability for any actions for clinical negligence brought by a patient in respect of NHS-funded treatment overseas.