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Clinical Negligence Solicitors

Removal of NHS 18-week treatment target said to be illegal (5 May 2017)

Date: 05/05/2017
Duncan Lewis, Clinical Negligence Solicitors, Removal of NHS 18-week treatment target said to be illegal

Barrister James Goudie QC has said that Jeremy Hunt broke the law by not instructing the NHS to ensure they meet a 92% target of patients who receive treatment within 18 weeks, as was instructed in previous mandates.

Health secretary Jeremy Hunt did not include a stated target that waiting times should not exceed 18 weeks for at least 92% of patients in his 2017-2018 mandate to NHS England, and it was recently announced by the chief executive of NHS England that there would no longer be an 18-week guarantee for operations considered to be of “low clinical value”. The relaxation of the target was said to be a “trade-off” for improvement in other areas.

Goudie released a 12-page opinion in which he affirms that Jeremy Hunt’s failure to include the 92% target for Referral-for-Treatment waiting times of 18 weeks was unlawful. He explained: “This is because the 2012 Regulations and the NHS constitution have the effect that this must be included. The annual mandate cannot lawfully be used to circumvent or undermine by omission the absolute statutory and sub-statutory requirements.”

Duncan Lewis Clinical Negligence Solicitors

The Duncan Lewis Clinical Negligence team has significant experience acting in a vast array of claims including accident and emergency failures, GP negligence claims, misdiagnosed fractures and other medical conditions and wrongful death claims. They also act for children and adults who have suffered profound and permanent brain, spinal or neurological injuries and associated disabilities as a consequence of failings in medical care in both NHS and private hospitals. If you believe you were made to wait too long at the hospital or that your doctor has made a mistake and wish to claim compensation or have any questions about treatment you have received, please do not hesitate to contact our team of specialist clinical negligence solicitors on 0333 772 0409.


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