Terms and Conditions
The Terms and Conditions of business apply to services carried out by Edgbaston Medical Group Ltd.
1.1. “EMG” or the “Company” means EMG Ltd. trading as Ziering Medical.
1.2. “Patient Information” refers to the information supplied by EMG to patients both in brochure and letter form.
1.3. ‘Procedure” refers to the medical procedure to be carded out by a Surgeon and includes the activities of a anaesthetist engaged by the patient and who holds a Practicing Privileges Agreement or Surgeon’s Contract or is in some other way permitted to carry out medical procedural activities at Ziering Medical premises. Patients attending external facilities will contract with that facility for the in-patient episode which would usually include an anaesthetist.
1.4. “Surgeon” means the person holding themselves out to be a qualified medical practitioner registered with the General Medical Council.
1.5. “Patient” means any person who has entered into a contract with EMG for the non-surgical aspects of a Procedure – with the surgical outcome being the responsibility of the Surgeon and/or anaesthetist with whom the patient also contracts. Patients attending external facilities will contract with that facility for the in-patient episode which would usually include an anaesthetist.
1.6. “Non-Surgical” aspects of a procedure” means the services provided by EMG, namely the provision of the premises; the theatre and the preoperative assessment and with EMG for the post-operative nursing care. It does not include the pre-operative and post-operative consultation and/or advice and/or treatments (Which include decisions on medication and discharge of the patient), which remain with the appropriate admitting practitioner. Patients attending external facilities will contract with that facility for the in-patient episode.
1.7. Pre-booking” means a booking and payment made prior to Consultation with a Surgeon.
1.8. “Initial Aftercare Period” means the aftercare included within the cost of your procedure.
1.9. “Cost” is Total Surgery Price as detailed on the quotation.
1.10. “Consultation” as a surgical aspect of the procedure, is a pre-operative meeting between the patient and the Surgeon, at which the patient’s suitability for the procedure is considered. “Consultation with a Patient Care Co-Ordinator and/or any members of EMG’s staff should be regarded as merely assisting the patient to make an informed choice about the procedure. The Patient Care Co-ordinator and/or member of staff is unlikely to be a doctor and any advice he/she gives should, in any event, be regarded as purely of a general non-medical nature.
1.11. “Premises” means any hospital, clinic, or other building, or part therof, under the ownership, occupation, or management of EMG.
1.12 “External facilities” are those other than Whitfield Hospital.
- OBLIGATIONS AND WARRANTIES.
2.1. EMG warrants that before inviting a surgeon or anaesthetist to receive Practising Privileges rights or a surgeon’s/anaesthetist’s contract permitting the said person to practice at EMG premises, EMG confirms that the person is registered with the General Medical Council and ensures that EMG have seen a copy of a private practice indemnity insurance cover Certificate which is current at the date of granting practicing privileges rights, or a Contract, or other such agreement which permits him/her to practice such procedures. EMG does not usually obtain copies of the whole of the private practice medical indemnity insurance policy document and nor does It make any warranties in respect of the content of the same, save as set out above. Patents attending external facilities should ensure that the facility they are attending holds this documentation in respect of any Practitioner who may attend the patient during the in-patient episode.
2.2 All Surgeons, as self-employed contractors, are themselves responsible for maintaining their registration with the General Medical Council and maintaining full private practice medical indemnity insurance. It is recommended that the patient independently checks the most up to date position with regard to the practitioner’s registration with the General Medical Council and his/her private practice medical indemnity insurance position before undergoing any procedure.
2.3. All of the Surgeons and anaesthetists which EMG may from time to time introduce to patients are self employed and, as such make their own clinical decision at all times and are responsible for the outcome of surgery and the surgical aspects of the procedure.
2.3.1 The surgeon’s and the anaesthetist’s fees are included in the quoted price and EMG acts as their agent in the collection of them. On rare occasions the surgeon and anaesthetist and the hospital may invoice you separately but the total will not be more than that shown on the quotation.
2.4. The patients warrants no cause of action will accrue against either EMG for any surgical aspect of the procedure carried out by the Surgeon and/or anaesthetists.
2.5. The patient warrants that he or she will read the patient information provided in order to fuly understand the range of possible outcomes of the proposed procedure.
2.6. EMG will provide all post-operative medication required relevant to the procedure (i.e. antibiotics and painkillers) as prescribed by the relevant Surgeon or a doctor. Patients attending external facilities will receive post-operative medication directly from the external facility.
- PATIENT’S OBLIGATIONS
3.1 This contract is conditional upon the acceptance of the patient by the Surgeon and/or anaesthetist based upon information given by the Patient during the consultation with him/her. The decision to carry out surgery shall be at the discretion of the Surgeon, the anaesthetist and EMG.
3.2 Treatment will only be given where satisfactory payment has been received at least 21 days prior to surgery (or as soon as possible for surgery booked less than 21 days in advance, but always prior to surgery)
3.3 The Patient acknowledges that the Patient Care Coordinator is not a Doctor or Surgeon. Any advice that the Patient Care Co-ordinator may give is purely of a general non-medical nature. If the Patient has any queries then these should be raised at consultation with the Surgeon, and/or anaesthetist or other suitably qualified persons.
3.4 The Patient agrees to provide the Surgeon, Anaesthetist and clinical staff of the hospital 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 to inform EMG and the Surgeon and the anaesthetist without delay and to keep EMG, the Surgeon, and the anaesthetist informed.
3.5 Payment by credit card is charged at a rate of 3%.
3.6 The minimum age for any consultation or surgical procedure is 18 years of age.
- GENERAL OBLIGATIONS
4.1 EMG reserve the right to alter the Patient’s admission date and/or outpatient appointments although such changes will be avoided wherever possible. The Patient agrees that no consequential loss will be payable for the short notice cancellation on any procedure/ appointment
4.2 The Patient agrees that in signing this set of Terms and Conditions and any Pre-Operative Medical Notes that he/she has understood the terms and has been given an opportunity to seek explanation. The pre-operative medical notes are designed to ensure that you and your Surgeon, are fully agreed as to the procedure that has been planned for before your operation and that you understand the potential risks and benefits. You must sign this form before surgery commences. The patient accepts that EMG ‘s liability for breach of contract is any way limited to the operation costs.
4.3 The Patient and the Surgeon will be required to sign a Medical Consent Form at the hospital prior to surgery.
4.4 In the interest of patient safety and welfare, we reserve the right to cancel or postpone your procedure.
5.1 Rescheduling – if you need to reschedule your surgery date, an administration fee will apply as follows:
- 14 days or more notice – £75; 13 days or less notice – £250
This policy does not affect the 5 day period of reflection (section 5.2)
5.2 Cancellations of bookings – we recommend that you consider all aspects of your procedure for at least 5 days after your Consultation with your Surgeon. For up to 5 days following your Consultation, should you wish to cancel your procedure, the deposit and any monies paid for your procedure are fully refundable, with the proviso that the Company has been notified by recorded or guaranteed post to Scheduling Department, EMG Ltd. 60 Beech house, Halesowen Rd, Lydiate Ash, Bromsgrove B61 Oa. The Company reserves the right to retain any recoverable costs incurred for arranging transport/travel. After the 5-day period of reflection, the following monies would be retained/payable to defray some of the costs incurred:
- Cancellations made over 2 weeks prior to surgery date – 25% of the total cost
- Cancellations made 8-14 days prior to date of surgery – 50% of the total cost
- Cancellations made 7 days or less prior to and including date of surgery – 75% of the total cost
5.3 Cancellations for medical reasons –
- Cancellations necessary due to previously unknown medical conditions will be rescheduled where possible. If after reasonable consideration the indicated medical condition prevents rescheduling of the procedure, then refund of the monies paid will be given in full to the patient.
- Cancellations due to pre existing medical conditions which were known by the Patient but undisclosed prior to booking the Procedure will be refunded in line with section 5.2 of this contract.
- If the procedure is abandoned intra-operatively due to unforeseen medical conditions, EMG will retain sufficient monies to cover the costs incurred by the Company as reasonably deemed fit and in accordance with these terms and conditions.
5.4 Pre-booked” appointments may be cancelled at any time prior to consultation and will receive a full refund including the deposit. Cancellations after the consultation will be refunded in line with section 5.2 above.
6.1 The complaints procedure is available on request from our Patient Care Coordinators. If you have a complaint regarding any aspect of your treatment, we recommend that you discuss this with your Patient Care Coordinator in the first instance. If after using EMG’s usual complaints process no resolution can be reached, EMG may refer the complaint for independent mediation. Referral will be on conditional on the basis that both parties are bound by the outcome. EMG may be responsible to fund the mediation. The Patient agrees that all medical records can be released to the appointed Arbitration Officer. Settlements reached using this method will be considered by EMG and the Patient as a Full and Final settlement.
6.2 Aftercare – The initial aftercare period will include standard postsurgical review appointments within the term specified on your Personal Quotation. Please see our website for full details of your aftercare policy. You may wish to download this information for your records. We do reserve the right to change our aftercare policy from time to time. In case of any doubt, the aftercare policy in force at the time of your booking will be applied to you.
6.3 Readmission – for up to 3 or 24 months after your operation, (dependent on aftercare package purchased), you and your Surgeon agree that further surgery (as part of the original procedure) is necessary to assist you in achieving the results originally anticipated, EMG and the Surgeon will consider making a contribution to the surgical and hospital costs. if, however, your Surgeon decides that the results of the surgical procedure are acceptable within the normal limits of surgery, then further surgery would incur the full fee. EMG will assess separately the circumstances of each patient in determining the basis on which further surgery may be provided. EMG will make the ultimate decision in readmissions and the Company’s decision is final. Readmission procedures do not automatically provide the same aftercare time as the original procedure, please check with EMG the period of cover that will be applicable before your admission.
6.4 If the Patient fails to attend review appointments or follow advice and guidance given, or where the results of the surgery originally provided have been affected by changes in lifestyle, illness or the natural ageing process, EMG cannot commit to providing continuing surgery at special rates.
7.1 EMG agrees that all matters relating to the Patient’s treatment will be kept as confidential save where EMG are required to disclose such material to relevant members of medical staff at EMG and/or relevant Government authorities be they regulatory or otherwise, and/or in circumstances where the patient is deemed to have, either explicitly or impliedly, waived his/her rights to confidentiality.
7.2 The Patient confirms his or her consent to the disclosure of personal information by EMG to surgeons, anaesthetists doctors and nurses and other medical staff for the purpose of discussing patient’s treatment.
7.3 If required, your Patient Care Coordinator will provide you with the policy on access to medical records.
7.4 Throughout your treatment journey your Surgeon may take photographs. They will remain with the Surgeon and neither EMG will be able to supply copies.
8.1 The laws of the UK shall apply to this contract and the courts of the UK shall have exclusive jurisdiction.