NHS delays and backlogs have seen some people languishing on waiting lists for months or given substandard care.
Sophie McGarry from Patient Claim Line is raising awareness of your patient rights within the NHS system.
She stresses that despite the rise of remote consultations post-pandemic, patients still have the right to demand face-to-face GP appointments.
The medical negligence solicitor highlighted the new standards set for NHS GPs: “Practices in England must offer face-to-face appointments if requested.
“GPs who fail to make the necessary arrangements for patients to make an appointment without having to spend hours on the phone or who are not available for face-to-face appointments are, in the strictest terms, breaking the law.”
Under these guidelines, barring a valid clinical justification such as potential Covid-19 symptoms, any patient’s request for an in-person appointment should be honoured. Surgery websites typically detail how patients can access this option.
Sophie advised: “Ask your GP Practice to arrange an in-person appointment for an assessment, examination or testing and explain why you feel a face-to-face appointment is necessary.
“Explain that it is your preference to have a face-to-face appointment and you can quote from the NHS England guidance that GP Practices must all ensure they are offering face to face appointments and practices should respect preferences for face-to-face care.”
If this is denied, Sophie suggested escalating the issue to the Practice Manager and clarifying your needs.
If you’ve already had a phone or video consultation but think it was inadequate or you may have been misdiagnosed, you still have the right to a face-to-face appointment.
You can request this follow-up with another doctor for a second opinion or again with the same doctor, but you’ll need to explain why you think this in-person appointment is necessary
Sophie said: “For example, you could advise that you are very concerned that the lump you have located is suspicious and you feel a physical appointment is necessary so that the GP can see and feel a lump to decipher whether or not it is suspicious and requires further investigation / onward referral and on what basis that referral should be made.
“If the GPs continue to refuse to examine you in person, you could ask for the matter to be escalated to the Practice Manager.”
When it comes to hospital or specialist appointments, you have the legal right to choose your preferred hospital, clinic and named clinician, as long as they are capable of treating you and it doesn’t cost the NHS more than a standard NHS hospital.
If you believe this choice hasn’t been offered to you, it’s recommended to first speak with the professional who referred you. If this proves unfruitful, the NHS advised: “You could complain to your ICB as they must ensure patients are given choices.
“If your local ICB is unable to resolve the complaint to your satisfaction, you’re entitled to take your complaint to the independent Parliamentary and Health Service Ombudsman.”
However, there are certain situations where you don’t get this legal right to choose. These include:
- Emergency treatment
- Being a member of the armed forces
- Accessing maternity services
- Detained under the Mental Health Act
- Detained in or on temporary release from prison, in court, an immigration removal centre or a secure children’s home
- Referrals to high-security psychiatric services or drug and alcohol misuse services provided by local authorities
