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News... Healthcare News Bupa says case is 'extreme example' of a wider problem
News... Healthcare News Bupa says case is 'extreme example' of a wider problem
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A top anaesthetist has lost his claim for £1,700 in fees after a judge ruled that he had failed to give the patient any estimate of fees or a quotation prior to the operation. Speaking to Radio Four’s You and Yours programme yesterday, cancer patient Kevin Smither said that Dr Aubrey Bristow, who works at several central London practices including The London Clinic, HCA International’s London Bridge Hospital and BMI Weymouth Hospital, had employed debt collectors to "harass and hound" him after he refused to pay the shortfall on a fee of £2,500. Mr Smither was insured by Bupa, who reimbursed him £732.20 towards Dr Bristow’s fee. When Mr Smither refused to pay Dr Bristow the shortfall, the anaesthetist deployed a number of tactics to recoup the money, finally taking him to court. The judge’s dismissal of Dr Bristow’s claim may set a precedent for other cases and increase pressure on anaesthetists to be transparent about the fees charged for their work – something already recommended in the voluntary code of practice for billing private patients produced by the Association of Anaesthetists of Great Britain and Ireland (AAGBI). This guidance also states that if an anaesthetist does not warn the patient of the fee in advance, "he should not demand that the patient pay any shortfall if the PMI benefit is less than the fee charged". 'Excessive' Mr Smither, who is 43 with four children, underwent a ten hour operation for bowel cancer last year. Since 2004 when he was first diagnosed, Bupa has paid out more than £90,000 for his treatment. Within 18 days of arriving home following his latest procedure, he received a letter from Dr Bristow informing him that he had not paid his bill. Mr Smither told Radio Four that he expected Bupa to settle the doctor’s account. He also said that Dr Bristow’s fee was just £400 less than that charged by his surgeon and said his research suggested that this seemed “excessive”. However, the British Medical Association’s (BMA) private practice committee guidelines state that: "Private patients are responsible for payment of a consultant’s fee under a contract between them and the consultant, regardless of whether or not they hold private medical insurance". They recommend that, in order to maintain independence, consultants should "ideally" avoid payment directly from insurers and make it clear that consultants are under no obligation to set their fees based on the reimbursement level set by insurers. Court case After receiving a cheque from Bupa for £732.20, Mr Smithers refused to pay Dr Bristow any more money, after which he was contacted by debt collectors and, eventually the doctor’s lawyers. When he still refused to pay, the case went to court. Asked on Radio Four whether there was more he could have done to avoid the situation arising, Mr Smithers said that he had been unaware of the shortfall.
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