1.DEFINITIONS 2.MOORGATE ANDROLOGY’S OBLIGATIONS 3.FEE & PAYMENT TERMS 4.PATIENT RESCHEDULING POLICY 5.CANCELLATION & REFUND 6.PATIENT OBLIGATIONS 7.PATIENT AFTERCARE 8.COMPLAINT 9.CONFIDENTIALITY / DATA PROTECTION
1.DEFINITIONS
CONFIRMED - An operation can only be confirmed once, a deposit has been received.
DAYS - Where days are not stated as “working days” they are days of the normal 7 day-week including UK Bank or Public Holiday.
DEPOSIT - An agreed sum of monies used to reserve space on an operating list which is non-refundable once outside the 14 days reflection and cooling off period.
POST TREATMENT CLINIC FEE – A fee paid for an in clinic check up with a doctor
GENERAL MEDICAL COUNCIL (GMC) – Is a public body that maintains the official register of Medical Practitioners within the United Kingdom.
MOORGATE CLINICAL TEAM
A team of clinical and medically trained staff who review Patient situations and can approve clinical decisions should they deem appropriate.
MISSED APPOINTMENT CHARGE
- Failure to provide72 hours notice of non-attendance for Non-Clinical appointments, including video e-consultation appointments, will result in a rebooking fee of £25.
- Failure to provide 72 hoursnotice of non-attendance for Clinical appointments (with surgeon doctor or nurse) pre-operatively, including video e-consultation appointments, will result in a rebooking fee of £25.
- Failure to provide72 hours notice of non-attendance for Clinical appointments (with surgeon doctor or nurse) post-operatively, including video e-consultations appointments, will result in a rebooking fee of £25.
- Failure to provide 72 hours notice of a video e-consultation appointment with a Clinical Psychologist will result in a rebooking fee of £100 (should you need this appointment and do not rebook your surgery / treatment will not go ahead and cancellation charges will apply).
PATIENT - Any person who has entered into a contract with Moorgate Andrology requesting a consultation for a surgical or non surgical Procedure (including but not limited to the nursing care and administrative functions provided to the Patient by Moorgate Andrology) with the outcome of the Procedure being the responsibility of the Surgeon or Doctor.
PRE-OPERATIVE ASSESMENT - An assessment carried out by a member of the Moorgate Andrology Clinical Team, in this instance typically a Surgeon and/or Nurse. A key juncture where payment in full is required.
PATIENT INFORMATION - Information provided to Patients in accordance with the Independent Health Care Standards and in line with regulations set by the Care Quality Commission (CQC), Health Inspectorate Wales (HIW) and Centre Of Effective Dispute Resolution (CEDR).
PROCEDURE - Refers to the medical procedure to be carried out by the Surgeon/Doctor and could include the activities of an Anaesthetist.
REFLECTION AND COOLING-OFF PERIOD - A period of 14 days from the day of the initial consultation with the Surgeon/Doctor.
Moorgate Andrology recommends in accordance with ‘Guidance for Doctors Who Offer Cosmetic Intervention’, GMC 2016 and guidelines identified in ‘Good Medical Practice in Cosmetic Surgery’ (in liaison with the General Medical Council) that Patients have an adequate time for reflection.
FURTHER REFLECTION AND COOLING-OFF PERIOD - A period of 14 days from the day of any consultation with the operating Surgeon/Doctor.
SURGEON/DOCTOR (including Anaesthetist) - Means an independent Medical Practitioner who is registered with the General Medical Council to practice medicine within the United Kingdom and who holds a Practising Privileges Agreement to carry out the Procedure with Moorgate Andrology at appropriate premises.
WEEK(S) - ‘Week’ refers to a period of seven (7) days and where several weeks are mentioned, the number of weeks should be multiplied by 7 to give the number of days.
WORKING DAY - Monday to Friday of any given week except for a UK Bank or Public Holiday.
- MOORGATE ANDROLOGY’S OBLIGATIONS
- 1 Moorgate Andrology shall engage independent Surgeons and Medical Practitioners who:
- Are registered with the General Medical Council
- Hold the qualifications and experience required under Schedule 3 of the Health and Social Care Act (Regulated Activities) Regulations 2010
- Have been granted Practising Privileges at the Clinic or Hospital where they are to perform the Procedure
Surgeons and Medical Practitioners are engaged as independent contractors, and are professionally and legally liable for, and are directly accountable to the Patient for their own tortious acts and breach of contract. They are obliged to maintain private practice medical indemnity insurance with the Medical Defence Union, the Medical Protection Society or any other insurer that is appropriate in accordance with the GMC guidelines. Moorgate Andrology is not vicariously or in any other way liable for the acts, omissions or breach of contract by the independent Surgeon or Doctor; such liability remains at all times with the Surgeon or Doctor.
2.2 Moorgate Andrology shall engage an independent Surgeon or Medical Practitioner to perform the Procedure.
2.3 Provided that the Patient has complied with the obligations of this agreement, and at the discretion of the Surgeon or Medical Practitioner, Moorgate Andrology will engage the Surgeon or Doctor to provide Aftercare to the Patient.
2.4 Moorgate Andrology cannot accept any responsibility or liability for any matter which may be within the professional or legal liability of the independent Surgeon or Doctor.
2.5 Moorgate Andrology shall comply with the provisions under the General Data Protection Regulations (Regulation (EU) 2016/679).
- FEE & PAYMENT TERMS
Deposit - A deposit of 20% is required should you wish to schedule a date for your procedure.
Payment Terms - Payment in full will be required 45 days prior to your surgery / treatment date.
Any failure to clear the balance in full in line with these terms and conditions may result in the procedure date being changed, or even cancelled.
3.1 THE PROCEDURE FEE WILL COVER:
- Hospital treatment and accommodation including Patient catering if the Patient has an overnight stay at the hospital.
- Nursing Care.
- Operating Theatre charges.
- Appropriate drugs and medication relating to the Procedure in the hospital.
- Appropriate dressings relating to the Procedure in the hospital.
- Where appropriate, the prosthesis in the standard range of the supplier or that specifically agreed between the Patient and the operating Surgeon.
- Pre-operative and post-operative medical photographs taken by the Nurse. These form part of the Patient’s confidential medical record.
- Surgeon fees during the hospital stay and immediate post-operative care and post-operative video appointments in line with Moorgate Andrology’s aftercare policy.
- Anaesthetist fee
- Moorgate Andrology’s Aftercare, pursuant to this agreement.
3.2 THE PROCEDURE FEE WILL NOT COVER:
- In clinic post operative appointments, these are an additional charge.
- Pre operative tests which include but are not limited to: Electrocardiogram examinations, Echocardiogram examinations, X-rays, Ultrasound scans (USS), MRI scans, Mammograms or any other diagnostic examinations. Any subsequent remedial treatment needed following examination results will not be covered.
- Any drugs which are not prescribed by the independent operating Surgeon/Doctor who has been given delegated authority.
- Any additional cost of further pre-operative blood tests or pre-operative blood tests of a non-standard nature as may be determined necessary by the Surgeon/Doctor or Anaesthetist.
- Any additional anaesthetic and/or specialist referrals. These will incur additional costs.
- Any additional cost of, where appropriate, a prosthesis in the non-standard range of the supplier, other than that specifically agreed between the Patient and the Patient’s operating Surgeon.
- Additional night’s stay at the hospital - This will be charged at the current rate, as agreed with the Patient Coordinator.
- Any expenses relating to travel, accommodation and time off work for original surgery or revision surgery incurred by the Patient or chaperone.
- Expenses relating to Procedure results.
- Any additional charges, where applicable, will be added to the Procedure fee.
- The Procedure fee does not cover any costs incurred for non-compliance or breaches of these terms and conditions; this includes additional aftercare resulting from said breach.
- Moorgate Andrology does not cover the cost of loss of earnings for a Patient or their chaperone/family.
- Moorgate Andrology does not cover the cost of prescriptions or antibiotics in the event of a post-operative infection.
- Moorgate Andrology does not cover the cost of a Patient’s or their chaperone’s travel/accommodation/food, or any other related expenses in connection with both the original and/or the revision surgery or non surgical treatment. This applies even in the case of a Force Majeure; all costs need to be covered by the Patient and/or their chaperone/family.
- Moorgate Andrology does not cover the cost of specialist dressings except in exceptional circumstances.
3.3 TIMESCALES EXPLAINED:
- If the Patient fails to clear the balance in accordance with the earlier provisions of this Clause 3 headed “Payment Terms” then Moorgate Andrology reserves the right to cancel or reschedule the Procedure and charge or retain the cancellation/reschedule fee as defined in this document.
Please note, should a request be made which requires a change to these payment terms, then this could give rise to an administration charge being levied.
- PATIENT RESCHEDULING POLICY
4.1 If the Patient reserves a Procedure date with a Moorgate Andrology Patient Co-ordinator and the Patient decides to reschedule the Procedure date, an additional fee will be payable (the “Rescheduling Fee”) dependent on how much notice is provided as follows:
- Whilst within the reflection and cooling off period: £0
- Outside of the reflection and cooling off period and more than 5 weeks before the operation or treatment date:
£250 Administration fee - Within 5 weeks of the operation or treatment date:
£1000 - Within 2 weeks of the operation or treatment date:
50% of the procedure fee
The rescheduling fee shall be applied at Moorgate Andrology’s discretion pursuant to this clause.
4.2 The ‘Reflection and Cooling-off Period’ is unaffected by clause 4.
4.3 It is the sole decision of the operating Surgeon/Doctor or Anaesthetist as to whether the operation takes place; if the Procedure is postponed for medical reasons following the Anaesthetist or Surgeon/Doctor receiving information relating to the Patient’s past medical history which has not been disclosed by the Patient, the Patient will be subject to the fee outlined in 4.1 above.
4.4 Moorgate Andrology reserves the right to postpone the Procedure in the interests of patient safety and welfare. Reasons may include failure by the Patient to follow advice given in line with clinical guidance which is provided by the Surgeon/Doctor or Moorgate Andrology’s Clinical Team and/or the Patient Information guide. This includes but is not limited to the example of a Patient who has continued to consume nicotine two weeks prior to the Procedure despite the instructions of the Surgeon/Doctor to stop. In this instance the Patient will be subject to the fee outlined in 4.1 above.
4.5 In the event of an operation being rescheduled as a result of following the advice of Moorgate Andrology’s Clinical Team, or under Force Majeure, which includes but is not limited to the example of the hospital facilities or the Surgeon becoming unavailable, the Patient agrees that no expenses in relation to travel, accommodation or time off work (for the Patient, chaperone or family member) will be recoverable from Moorgate Andrology.
4.6 If the Patient reschedules a confirmed revision Procedure, the rescheduling fee will apply in order for Moorgate Andrology to cover the losses incurred relating to the operating space.
- CANCELLATION & REFUND
Procedures can be cancelled by either the Patient or Moorgate Andrology for a variety of reasons. This section aims to explain the consequences of a cancellation.
Right to Cancel during the Reflection and Cooling-Off Period or during any Further Reflection and Cooling-Off Period
5.1 You have the right to cancel this contract within 14 days without giving any reason.
- The Reflection and Cooling-Off Period will expire 14 days from the day of the conclusion of the contract by your signing and returning these Terms and Conditions and by being informed of the price relating to the relevant surgical or non surgical procedure or a period of 14 days from the day of the initial consultation with the Surgeon/Doctor, whichever is the later.
- Any Further Reflection and Cooling-Off Period will expire 14 days from the day of the second or subsequent consultation with the operating Surgeon/Doctor during which an additional, varied or different medical procedure is recommended by the operating Surgeon/Doctor and agreed, or a period of 14 days from the day of agreement of a price increase of more than 10% and arising from the agreed varied or different medical procedure, whichever be the later.
- To exercise the right to cancel you must inform us, telephone 0333 009 8503 – email support@mmspatientservices.co.uk, of your decision to cancel this contract by a clear statement (e.g., a letter sent by post or email). You may use the cancellation form appearing on page 12 of these Terms and Conditions, but it is not obligatory.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the Reflection and Cooling-Off Period or Further Reflection and Cooling-Off Period has expired.
Effects of Cancellation following your exercise of the Right to Cancel. - If you cancel this contract by exercising your right to cancel, we will reimburse to you all payments received from you. We will make the reimbursement without undue delay and not later than 28 days after the day on which we are informed about your decision to cancel this contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. The refund will be paid in the following ways:
- Bank transfer or BACS payment to your nominated account. If the amount was paid by a person other than the person having surgery, then a third-party repayment form needs to be completed.
Moorgate Andrology Cancellation Reasons:
5.2 Moorgate Andrology reserves the right to cancel the Procedure for a variety of reasons including being in the interests of patient safety and welfare, along with a failure by the Patient to follow the advice given by the Moorgate Andrology Clinical Team, the Surgeon/Doctor, or contained within the Patient Information Guides provided.
- The Patient shall comply with all pre-operative instructions provided by Moorgate Andrology; failure to do so will result in cancellation.
- Failure to adhere to clause 6 of the Patient Obligations will result in cancellation.
- Moorgate Andrology reserves the right to cancel the Procedure should the Patient or their chaperone/family member display abusive behaviour towards Moorgate Andrology staff, Surgeons, Doctors, hospital staff or any other person.
- Moorgate Andrology reserves the right to cancel the Procedure should the Surgeon/Doctor not feel comfortable operating on the Patient due to the Patient displaying an unusual degree of nervousness, unusual behaviour and/or obvious uncertainty.
- If the Patient is found to be medically unsuitable for the Procedure, or that information has come to light putting the Patient’s suitability in doubt, and it transpires that medical information was known by the Patient but undisclosed to Moorgate Andrology, then the Procedure will be cancelled.
- The Patient will incur the following fees if the procedure is cancelled for any reason set out above:
- Prior to attending the initial consultation with the operating Surgeon/Doctor or within the reflection and cooling off period:
£0 fee - Outside of the reflection and cooling off period and more than 5 weeks before the operation date:
£250 Administration fee - Within 5 weeks of the operation / treatment date:
50% of the Procedure fee - Within 2 weeks of the operation / treatment date:
- 90% of the procedure fee
- Prior to attending the initial consultation with the operating Surgeon/Doctor or within the reflection and cooling off period:
5.3 In the event of the Procedure being cancelled for any of the reasons above or under Force Majeure, including but not limited to the hospital facilities or the Surgeon becoming unavailable, the Patient agrees that no expenses in relation to travel, accommodation or time off work will be recoverable from Moorgate Andrology for the patient, chaperone, family member, or any other person.
Patient Cancellation
5.4 The Patient will incur the following fees if the Procedure is cancelled by the Patient:
- Prior to attending the initial consultation with the operating Surgeon/Doctor and within the reflection and cooling off period:
£0 fee - Outside of the reflection and cooling off period more than 5 weeks before the operation / treatment date:
£250 Administration fee - Within 5 weeks of the operation / treatment date:
50% of the Procedure fee - Within 2 weeks of the operation / treatment date:
- 90% of the Procedure fee
Refund Process
5.5 Any refund must be approved by Moorgate Andrology Headquarters to ensure that it falls in line with these Terms and Conditions. Once approved, a refund will normally be paid within 90 working days. The refund will be paid in the following ways:
- Bank transfer or BACS payment to your nominated account. If the amount was paid by a person other than the person having surgery, then a third-party repayment form needs to be completed.
- PATIENT OBLIGATIONS
- Must provide photo identification (ID) proving the Patient to be at least 18 years old for any clinical consultation or surgical Procedure. The Patient must provide this prior to attending their consultation or reserving an operating / treatment date.
- Shall sign all paperwork provided by Moorgate Andrology prior to receiving a Procedure date.
- Must provide their NHS number prior to attending the Preoperative Assessment.
- To understand that it is the sole decision of the Surgeon/Doctor or Anaesthetist as to whether or not a Procedure can or should be carried out.
- Shall provide to Moorgate Andrology, the Surgeon/Doctor or any member of the Healthcare Team a full health history* to the best of their knowledge. The Patient further understands that withholding medical information could put their health at risk, and that if this is later identified, the Procedure will be cancelled. This will be subject to a Cancellation fee as detailed in section 5. Moorgate Andrology shall not be responsible for any additional aftercare required in these circumstances and shall charge any additional costs to the patient.
*Includes details of past and current use of recreational drugs which include the following:- class A e.g. Cocaine, crack cocaine, ecstasy (MDMA), heroin, LSD, magic mushrooms, methadone, methamphetamine (crystal meth)
- Class B drugs e.g. Amphetamines, barbiturates, cannabis, codeine, ketamine, methylphenidate (Ritalin), synthetic cannabinoids, synthetic cathinones (for example mephedrone, methoxetamine)
- Class C drugs e.g. Anabolic steroids, benzodiazepines (diazepam), gamma hydroxybutyrate (GHB), gamma-butyrolactone (GBL), piperazines (BZP), khat
Please note: these lists are not exhaustive
- Informing the Patient’s GP. As the Patient’s GP is responsible for the Patient’s general healthcare, it is important that the Patient informs their GP about any intended surgery.
- Shall notify Moorgate Andrology immediately if a change occurs to their previously disclosed medical history, health or wellbeing, such as weight gain, change in medication dosage, etc.
- Shall be responsible for reading and making sure that they understand any Patient Information provided in relation to their Procedure ahead of the Procedure.
- Shall comply with all pre and post-surgical instructions provided by Moorgate Andrology’s Clinical Team, and the Surgeon/Doctor. Failure to do so may affect the Patient’s aftercare and result in it becoming void.
- Shall ensure that any invoices and/or outstanding monies are paid immediately following the lapse of the 14-day reflection and cooling off period or 56 days prior to the scheduled procedure date, whichever occurs first.
- PATIENT AFTERCARE
Moorgate Andrology’s Aftercare Policy has been designed to ensure that the outcome, health, wellbeing and successful recovery are realised. Failure to adhere to this policy could put the patient’s health at risk and/or affect the outcomes.
- All Patients must attend post-operative appointments set by the Moorgate Andrology’s Clinical Team (these can be both in clinic and via video call) and follow advice and guidance set out in the Patient Information provided by the Moorgate Andrology Clinical Team.
- Unlimited aftercare check-ups are included for 24 months via video call from the date of your surgery taking place. After 24 months usual consultation fees do apply.
- In clinic aftercare check-ups do carry an additional charge, video calls are not chargeable.
- No expenses in relation to travel, accommodation or time off work will be recoverable from Moorgate Andrology for the patient, chaperone, family member, or any other person.
- Failure to attend two consecutively scheduled post-operative appointments will result in Moorgate Andrology being no longer obliged to offer further appointments and thus voiding the aftercare
- Any changes in appearance that have been affected by changes in lifestyle, weight fluctuation, illness, or the natural ageing process (all of which influence the original results of the surgery/ treatment) will prevent Moorgate Andrology from providing the Patient aftercare.
- You will be provided with 7 days free emergency readmission to theatre cover (in the unlikely event that emergency re-admission is required, Moorgate Andrology will cover the cost of any procedure organised by them and with your Urologist up to 7 days from your surgery taking place.
- In the unlikely event any remedial surgery is required, our time and the surgery time is covered but you will be required to pay the theatre fee, pre op tests, anaesthetist fees, any implant costs if required.
- To protect patient wellbeing, we update our clinical criteria from time to time. This could affect such things as safe body mass limits, mental health status, medical conditions such as diabetes, heart conditions and the effects of medication. In these circumstances a Procedure could be prevented from taking place.
- Patients must wait, sometimes for a period of up to 12 months, for results to settle and the final result to be realised before the formal remedial surgery can commence.
- It is the Patient’s Surgeon/Doctor who owes a duty of care to the patient, and this is the only Surgeon/Doctor obliged to perform the remedial surgery / treatment if this is approved by the Surgeon/Doctor and Moorgate Andrology. No other Surgeon/Doctor is obliged to offer remedial surgery to a Patient who is not under their care.
- Where a remedial procedure is required, the Patient agrees that no expenses in relation to travel, accommodation, or time off work will be recoverable from Moorgate Andrology for the patient, chaperone, family member, or any other person.
- Any variances to the revision Procedure required, will be paid for by the patient.
- If the original Surgeon/Doctor is not available, Moorgate Andrology will appoint a suitable alternative Surgeon/Doctor to offer a review/second opinion and determine the appropriateness for additional surgery / treatment. The Surgeon/Doctor has no obligations to perform, undertake or take over the patient’s care, but their opinion will be communicated to the original operating Surgeon/Doctor.
- If the Patient moves to another area or part of the country, the Patient will be expected to travel to meet with their operating Surgeon/Doctor; Moorgate Andrology will not cover such travel costs.
- If a patient’s Surgeon/Doctor no longer consults from their local clinic, the Patient will be expected to travel to another Moorgate Andrology Clinic to meet with their Surgeon/Doctor; Moorgate Andrology will not cover such travel costs.
- If a scan or other investigative work is required as part of the treatment plan, or needed to ascertain if treatment is required, this cost will not be covered by Moorgate Andrology.
- Moorgate Andrology will not cover the cost of any corrective surgery performed by any other provider or Surgeon without having been made aware and agreeing in advance.
- If the original Procedure was a day case Procedure and the remedial procedure requires an overnight stay, this will come at an additional cost to the Patient.
- Additional implant cover may be provided by implant manufacturers.
- COMPLAINTS
- In the event that the Patient is unhappy with the service provided, the complaint should be made as soon as possible to the Patient Co-ordinator or the Registered Manager, verbally or in writing.
- If the Patient has concerns regarding service or results and fails to resolve these at the Moorgate Andrology Clinic level, and would like their complaint formally investigated by a member of the team independent of the Moorgate Andrology Clinic, they should submit their complaint in writing to support@mmspatientservices.co.ukSubject - COMPLAINT
- Complaints should be made as soon as reasonably practicable, or within 6 months of the incident of concern to ensure the realistic opportunity of conducting a fair and effective investigation. Moorgate Andrology reserve the right to decline a complaint made after this timeframe unless there is a valid reason as to why the complaint was not made sooner.
- If any complaint is received from a third party of a Patient, written permission will be sought from the Patient before this complaint is acknowledged and investigated.
- CONFIDENTIALITY / DATA PROTECTION
- Moorgate Andrology is registered with the Information Commissioner’s Office. At Moorgate Andrology, we are committed to protecting our patient’s personal information and confidentiality, and we take all reasonable measures to ensure the confidentiality and security of personal data for which we are responsible. Moorgate Andrology complies with UK law accordingly implemented, including that required by the General Data Protection Regulations (Regulation (EU) 2016/679).
- ACCESS TO MEDICAL RECORDS
- If the Patient requests to view their medical records and/or photographs at a Moorgate Andrology clinic, a Surgeon/Doctor, or a member of the Moorgate Andrology Clinical Team must be present. This must be arranged by prior appointment.
- The Patient has the right to access any of their personal data that is being held by Moorgate Andrology. A copy of the Patient’s medical records or photographs may be requested by writing to the Registered Manager of the Clinic. Moorgate Andrology will respond within 30 Calendar days of receipt of the request. Full details are contained in Moorgate Andrology’s Medical Records and Data Protection Policy, a copy of which is available from the Registered Manager.
- The patients will need to sign a Release of Medical Records/Photographs form ahead of their notes being prepared; ID must be provided before the patient’s medical records are available for collection.
- TRANSFER OF BUSINESS
- If Moorgate Andrology shall merge with another business or transfer all or substantially all of its business to a partnership, a limited liability partnership, or a company, the Patient agrees that Moorgate Andrology may transfer to the successor enterprise the performance of its services and benefit and obligations arising pursuant to these terms and conditions on substantially the same terms (so far as is applicable).
- FORCE MAJEURE
- Moorgate Andrology shall not be liable for any delay or failure in the performance of any obligation under this agreement caused by circumstances beyond the reasonable control of Moorgate Andrology or other person to perform the obligation. Without limitation such circumstances may include acts of nature, natural disasters, utilities breakdown, malfunction of equipment and such person may include a Surgeon or other Medical Practitioner.
- LEGAL JURISDICTION
- The laws of England and Wales shall govern this contract and their courts shall have exclusive jurisdiction.
Please note that should a request be made which requires a change to these Terms and Conditions, then this could give rise to an administration charge being levied.