Legal right to healthcare

biddybops

Just a quick question.
If an individual is unable to access healthcare in Ireland and has to go abroad for treatment and the vhi refuses to pay, is there any other way can you get medical treatment?
I don't have a spare 15-20k to pay for the operation.
Any advice welcome and a happy new year to you all,

schemingbohemia

What do you mean by "unable to access healthcare"?
Are you a member of VHI?
The National Treatment Purchase Fund can assist in accessing healthcare abroad if you're too long on the waiting list.
http://www.ntpf.ie/home/
You really need to provide much more detail - I'm not even sure this is the right forum.

MagicSean

Is it a cosmetic or experimental treatment?

biddybops

Not a member of vhi anymore, they will not pay for treatment abroad if it is available here.
Consultants in Ireland said there was nothing wrong and no need for surgery so can't access national purchase treatment fund( specialists in London disagreed)
So can't access healthcare here and can't afford surgery abroad!
Reason I posted here was to find out if you have a right to healthcare in Ireland

biddybops

No
I am far too beautiful too require cosmetic surgery( though a trip to the opticians maybe in order as well!) and I am far too scary of experimental surgery to even consider that.
Operation is required to fix damage done by maternity hospital

MagicSean

You are entitled to medical care as a basic human right but your problem is that your condition is not recognised here as being necessary. I can't see how this would be settled outside of the higher courts.

biddybops

I wasn't sure if healthcare was a right or not. Consultants said there was nothing wrong and no damage had been done therefore no surgery required. Went to London for tests a few weeks later( far less invasive tests as well) a different story altogether!
Tried to get legal help but let's not go there, so am left in limbo.

CIARAN_BOYLE

biddybops wrote: »

I wasn't sure if healthcare was a right or not. Consultants said there was nothing wrong and no damage had been done therefore no surgery required. Went to London for tests a few weeks later( far less invasive tests as well) a different story altogether!
Tried to get legal help but let's not go there, so am left in limbo.

I don't suppose it would an option to go back to the consultant here with your test results from the London specialist. It seems like different tests were done so different results came out.

Then again the consultant here might have tested you and found a concern (same one as the London docs) and did more invasive tests where it turned out not to be anything and they felt that there was no need to tell you about. Doctors aren't good at keeping patients in the loop

blueythebear

biddybops wrote: »

I wasn't sure if healthcare was a right or not. Consultants said there was nothing wrong and no damage had been done therefore no surgery required. Went to London for tests a few weeks later( far less invasive tests as well) a different story altogether!
Tried to get legal help but let's not go there, so am left in limbo.

In that circumstance, why not ask the London doc to write to the Irish Doc outlining the problem?

Miaireland

As was already said get the Consultant in London to write to the Consultant in Ireland.

I would also seek a second opinion from a different consultant here (ideally giving them a copy of the letter from the Consultant in London).

biddybops

No chance of that. Asked consultant in Dublin to refer me on for another opinion and he refused. And you think I should go back to him? The tests he did would have shown what was wrong, he either didn't tell me or wasn't qualified to carry out the tests.
Either way not a hope of me going back there again.

blueythebear

biddybops wrote: »

No chance of that. Asked consultant in Dublin to refer me on for another opinion and he refused. And you think I should go back to him? The tests he did would have shown what was wrong, he either didn't tell me or wasn't qualified to carry out the tests.
Either way not a hope of me going back there again.

This is your health you're talking about here. Cost should not be a factor. You have health insurance so go to your GP, get a referral to another surgeon. Bring your UK results with you.

If you don't trust the original surgeon then don't go back to him.

Miaireland

You don't need him to send you. Ring up a different consultant and make an appointment explaining that it is a second opinion.

Ideally go to a different hospital, even if it would mean travelling to a different City.

biddybops

I don't have private health insurance anymore, no point having it if you can't access treatment. The specialists I saw in London explained quite clearly what was wrong so I don't think I need to see anymore consultants especially in Ireland, saw enough of them already.

ResearchWill

I Agree with all that has been said above. I would add if you believe your insurance provider has wrongfully refused to cover you, it is possible to make a complaint to the insurance ombudsman.

What has happened in your case is not a refusal by anyone of your right to medical attention. It is a difference of opinion between 2 medical experts, one of whom has told your insurer that the procedure is not necessary, another who says it is.

If you do not wish to take legal action to vindicate your rights to medical cover from your insurer, then there is not much anyone here can do.

biddybops

Vhi, from what they told me do not have to pay for medical treatment abroad if you can have the operation here, they would not even cover my medical bills in london,so it's not, in my opinion that which is the issue.
The issue is, one hospital damaged me, another hospital wrongly informed me nothing was wrong and I didn't require any surgery. And now I know the truth there is nowhere to go, that I think you will find, is the issue.

gibo_ie

Don't VHI do a "Second Opinion" service ? May be worth checking out..

biddybops

Don't have vhi anymore.

ResearchWill

biddybops wrote: »

Vhi, from what they told me do not have to pay for medical treatment abroad if you can have the operation here, they would not even cover my medical bills in london,so it's not, in my opinion that which is the issue.
The issue is, one hospital damaged me, another hospital wrongly informed me nothing was wrong and I didn't require any surgery. And now I know the truth there is nowhere to go, that I think you will find, is the issue.

Surgery is available in Ireland, but you have been informed that you do not require the surgery. You then correctly got a second opinion which says you do require the surgery.

So unless I am missing something the issue is with your insurer. You have been informed of a number of ways to vindicate your contract rights.

You now also say another hospital harmed you before all of the other stuff. There are a number of very good solicitors who practice in the area of med neg law, and you have all ready done one of the most important things which is to get the opinion of a consultant.

So to recap your options

1 seek redress from insurance ombudsman
2 make complaint to medical council
3 for the damage to you caused by the hospital seek damages in the high court
4 for the misdiagnosis by the Irish consultant seek damages in the high court

A simple google search will show the main solicitors in med neg or just look back over the last year and see which solicitors acted in the big reported cases.

ResearchWill

biddybops wrote: »

Don't have vhi anymore.

But you had VHI at the time of the incident.

biddybops

Thank you for all your replies
I had stated in a previous post that I had been damaged in a maternity hosp.
I have tried the legal route.
I have informed heqa of the behaviour of the consultant.
I have been given and read the terms and conditions of my previous vhi cover.
Anyway, thanks for all your replies.

ResearchWill

biddybops wrote: »

Thank you for all your replies
I had stated in a previous post that I had been damaged in a maternity hosp.
I have tried the legal route.
I have informed heqa of the behaviour of the consultant.
I have been given and read the terms and conditions of my previous vhi cover.
Anyway, thanks for all your replies.

Sorry missed that in earlier post. I really think you need to reconsider the legal route. I'm not saying that an Irish consultant would in any way say there is no need for surgery to cover up a previous blunder. But from what you have said you may have a very good case.

There are very few solicitors who are good in this area of practice, if I was you I would try another solicitor.

biddybops

ResearchWill wrote: »

biddybops wrote: »

Thank you for all your replies
I had stated in a previous post that I had been damaged in a maternity hosp.
I have tried the legal route.
I have informed heqa of the behaviour of the consultant.
I have been given and read the terms and conditions of my previous vhi cover.
Anyway, thanks for all your replies.

Sorry missed that in earlier post. I really think you need to reconsider the legal route. I'm not saying that an Irish consultant would in any way say there is no need for surgery to cover up a previous blunder. But from what you have said you may have a very good case.

There are very few solicitors who are good in this area of practice, if I was you I would try another solicitor.

Thank you for your reply.

MagicSean

biddybops wrote: »

Thank you for all your replies
I had stated in a previous post that I had been damaged in a maternity hosp.
I have tried the legal route.
I have informed heqa of the behaviour of the consultant.
I have been given and read the terms and conditions of my previous vhi cover.
Anyway, thanks for all your replies.

I'm not exactly sure what you want so. As i see it the story was like this.

1) GP referred you to an Irish consultant who said you were fine. Did your GP agree?

2) You then went to a British consultant who said you weren't fine. Did your GP send you here? What did he say when you informed him of the results?

3) You contacted VHI to arrange for treatment in Britain but they refused as the treatment is available here. So you then quit VHI.

I really don't see any fault on the part of the VHI. They are going by their policy and would have paid for your treatment in Ireland. There's no reason why they should believe the British doctor over the Irish one really. You basically have two opposing views from two consultants but refuse to get a third one to help clarify the matter.

My advice to you would be to go to a new GP, one who deals with ObGyn stuff and get their opinion and a referral from them. If the consultant they refer you to says you need treatment then you should go ahead with it. I don't know if VHI will pay towards it as it was discovered on their watch but it is doubtful. In any case you could also bring a case against the first doctor for medical malpractice and damages and you will have two doctors to support you.

biddybops

Gp also agreed with consultant and refused also to refer me on to a new specialist.
Went home and researched top gynaes in London.
Made an appointment in London and was referred on to a professor in gynae and a specialist colorectal surgeon.
Tests and travel and med reports cost me thousands.
Just wanted to know if there was anywhere I could go for help for paying medical bills
That's all

Miaireland

Might be worth contacting a Solicitor regarding your consultant refusing to refer you for a second Opinion, I am unsure whether they can actually refuse to do this.

dermot_sheehan

You need to have an E112 form issued by the HSE
http://www.hse.ie/eng/services/Find_a_Service/entitlements/E112/

biddybops

Many thanks for that but have already made enquiries with the citizen advice bureau regarding this and they didn't think I would qualify as I dont meet the requirements to avail of this service.
It was quite a while ago and they might be more flexible now, so might try approaching them, can't do any harm I suppose.
Anyway, thanks again.