Q&As

Can you direct me to any case law in respect of making a claim for the cost of future private medical treatment so that I can respond to arguments made by the defendant that the National Health Service treatment could be used instead?

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Published on LexisPSL on 23/06/2020

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • Can you direct me to any case law in respect of making a claim for the cost of future private medical treatment so that I can respond to arguments made by the defendant that the National Health Service treatment could be used instead?

A claimant will be entitled to claim for the cost of medical treatment as well as any other medical costs, as long as they are necessary and reasonable.

There is no obligation on a claimant to use the National Health Service (NHS) (see section 2(4) of the Law Reform (Personal Injuries) Act 1948 (LR(PI)A 1948)).

LR(PI)A 1948, s 2(4) means that the defendant cannot argue that the claimant should have used the NHS. However, the defendant can argue that the claimant is unlikely to incur the expenses.

A claimant is entitled to claim the costs of private treatment as opposed to NHS provision if they intend to make use of private treatment.

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