Who do I sue? Liability for the treatment of NHS patients by outside providers

Abstract

The following paper was presented by John Grace QC at the AVMA conference in Glasgow on 29 June 2007. Many practitioners have expressed concern at the difficulties they have encountered in locating the correct Defendant when their client has received NHS treatment in a private hospital or a foreign country or when treated by overseas medical teams flown in. This article examines the different situations which may arise and considers a practical solution to claims which arise in England where the CNST (Clinical Negligence Scheme for Trusts) apply. It should be noted that the CNST does not apply in Wales or Scotland.