Terms and Conditions

1. DEFINITIONS

CONFIRMED An operation / procedure can only by confirmed once the consultation has taken place, a deposit has been received, and the paperwork has been validated.

DAYS Where days are not stated as “working days” they are days of the normal 7-day week including UK Bank or Public Holidays.

DEPOSIT An agreed sum of monies used to reserve space on an operating list / treatment room which is non-refundable.

GENERAL MEDICAL COUNCIL (GMC) Is a public body that maintains the official register of Medical Practitioners within the United Kingdom.

DR SW CLINICS – CLINICAL TEAM A team of clinical and / or medically trained staff who review patient situations and can approve clinical decisions should they deem appropriate.

MISSED APPOINTMENT CHARGE Failure to provide 48 hours’ notice of non-attendance for non-clinical and/or clinical appointments, including e-consultations will result in a missed appointment charge of £50.

PATIENT Any person / client who has entered into a contract with Dr SW Clinics requesting a consultation for a Surgical Procedure / Aesthetic treatment / Consultation – including but not limited to the nursing care and administrative functions provided by Dr SW Clinics and through a named Providers service) with the outcome of the Procedure being the responsibility of the Surgeon or Doctor.

PRE-OPERATIVE ASSESSMENT An assessment carried out by a staff member of Dr SW Clinics. 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).

This could include:

  • Brochures, leaflets, videos, emails, advice and any associated letters, and any other information provided online or offline. Dr SW Clinics do not take responsibility for manufacturer’s information but believes the information provided to be accurate at the time of delivery.
  • General Cosmetic / Aesthetic Surgery Guide (GCSG) – A guide to the steps and what to expect throughout the Patient Journey.
  • Procedure Summary (PS) – A summary of key dates, the procedure, surgeon ( or doctor / clinician ) and agreed price.

PROCEDURE Refers to the medical procedure to be carried out by the Surgeon/Doctor and may include the activities of an Anaesthetist.

REFLECTION AND COOLING OFF PERIOD A period of 14 days from the day of the consultation with the Surgeon/Doctor and being informed of the price relating to the relevant surgical procedure unless these conditions are changed by agreement with the patient by consent.

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 at Dr SW Clinics premises.

WEEK /WEEKS
‘Week’ refers to a period of seven days and where several weeks are mentioned, the number of weeks should be multiplied by seven to give the number of days.

WORKING DAYS
Monday to Saturdays of any given week except for a UK Bank or Public Holiday.

2. Dr SW Clinics OBLIGATIONS

2.1 Dr SW Clinics may 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/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. Dr SW Clinics 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. The Surgeon or Doctor remaining wholly accountable for the outcome of surgery and treatments provided by them.

2.2 Dr SW Clinics may 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, Dr SW Clinics will engage the Surgeon or Doctor to provide aftercare to the patient.

2.4 Dr SW Clinics cannot accept any responsibility or liability for any matter which may be within the professional or legal liability of the Surgeon/Doctor.

2.5 If the original Surgeon/Doctor is not available, Dr SW Clinics will appoint a suitable alternative Surgeon/Doctor to undertake surgery / treatment after further consultation.

3. FEES AND PAYMENT TERMS

DEPOSIT A deposit is required should you wish to schedule a date for your procedure / treatment which, once paid is non-refundable.

PAYMENT TERMS Any failure to clear the balance in full in line with these Terms and Conditions may result in the procedure / treatment date being changed or even cancelled.

3.1 THE PROCEDURE FEE WILL COVER:

  1. Clinical treatment as agreed.
  2. Nursing care.
  3. Any operating and theatre charges.
  4. Drugs and medication relating to the procedure.
  5. Appropriate dressings relating to the procedure.
  6. Where appropriate, any prosthesis in the standard range of the supplier or that specifically agreed between the patient and the operating surgeon.
  7. Pre-operative and post-operative medical photographs taken. These form part of the Patient’s confidential medical record.

3.2 THE PROCEDURE FEE WILL NOT COVER:

  1. 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.
  2. Any drugs which are prescribed by the independent operating Surgeon/Doctor who has been given delegated authority.
  3. Any additional cost of pre-operative blood tests or MRSA or COVID19 tests determined necessary by the Surgeon/Doctor or Anaesthetist.
  4. Any additional anaesthetic and/or specialist referrals. These will incur additional costs.
  5. Any additional costs of, where appropriate, a prosthesis in the non-standard range of the supplier, other than that specifically agreed between the patient and patient’s operating Surgeon.
  6. Any expenses relating to travel, accommodation and time off work for original surgery or revision surgery, incurred by the Patient or Chaperone.
  7. Expenses relating to procedure results.
  8. Any additional charges, where applicable, will be added to the procedure fee.
  9. 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.
  10. Dr SW Clinics does not cover the cost of loss of earnings for a patient or their chaperone/family.
  11. Dr SW Clinics does not cover the cost of prescriptions or antibiotics in the event of a post-operative infection.
  12. Dr SW Clinics does not cover the cost of a patient’s or the chaperone’s/family travel/accommodation/food, or any other related expenses in connection with both the original and/or the revision surgery / treatment. This applies even in the case of Force Majeure; all costs need to be covered by the patient and/or their chaperone/family.
  13. Dr SW Clinics does not cover the cost of specialist dressings except in exceptional circumstances and by pre agreement from Dr SW Clinics.

3.3 TIMESCALES EXPLAINED

  1. If the patient fails to clear the balance in accordance with the earlier provisions of this Clause 3 headed “Payment Terms”, then Dr SW Clinics 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.

4. PATIENT RESCHEDUILING POLICY

4.1 If the patient reserves a procedure date and the patient decides to reschedule the procedure date, an additional fee may be payable (the “rescheduling Fee”) dependent on how much notice is provided as follows:

  1. Prior to attending the initial consultation with the operating Surgeon/Doctor or whilst within the reflection and cooling off period: £0.
  2. Outside of the reflection and cooling off period and more than 4 weeks before the operation date:
    £100 Administration fee.
  3. Within 4 weeks of the operation date: 50% of the total balance payable.

4.2 The ‘Reflection and Cooling off P+-eriod’ (unless waivered ) is unaffected by Clause 4.

4.3 It is the sole discretion 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 Dr SW Clinics 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 Dr SW Clinics clinical team and/or patient information guide. This includes but is not limited to the example of a Patient who has continued to consume nicotine two week 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 not following the advice of Dr SW Clinics clinical team, or under Force Majeure, which includes but is not limited to the example of the hospital facilities or the Surgeon / doctor 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 Dr SW Clinics.

4.6 If the patient reschedules a confirmed revision procedure, the rescheduling fee will apply in order for Dr SW Clinics to cover the losses incurred relating to the operating space.

5. CANCELLATION AND REFUND

Procedures can be cancelled by either the Patient or Dr SW Clinics 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 agreed:

5.1 You have the right to cancel this contract within 14 days without giving any reason but an administration fee will be charged.

  1. The Reflection and Cooling off Period will expire 14 days from the day of Consultation with the Surgeon/Doctor and by being informed of the price relating to the relevant procedure.
  2. Any Further Reflection and Cooling off Period will expire 14 days from the day of the second or subsequent consultation with the Surgeon/Doctor during which an additional, varied or different medical procedure is recommended by the operating Surgeon/Doctor and agreed by the client.
  3. To exercise the right to cancel you must inform Dr SW Clinics, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email.

An administration fee will be charged by the company.

Dr SW Clinics – Cancellation Reasons:

5.2 Dr SW Clinics 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 Surgeon/Doctor, or contained within the Patient Information Guides.

  1. The patient shall comply with all pre-operative instructions provided by Dr SW Clinics; failure to do so will result in cancellation.
  2. Failure to adhere to Clause 6 of the Patient Obligations will result in cancellation.
  3. Dr SW Clinics reserves the right to cancel the Procedure should the Patient or their chaperon/family member display abusive behaviour towards personnel, surgeons, doctors, or any other person.
  4. Dr SW Clinics reserves the right to cancel the procedure should the Surgeon/Doctor not feel comfortable operating on a patient due to the patient displaying an unusual degree of nervousness, unusual behaviour and/or obvious uncertainty.
  5. 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 then the procedure will be cancelled.
  6. The Patient will incur the following fees if the procedure is cancelled for any reason set out above:
    1. Prior to attending the initial consultation with the operating Surgeon/Doctor or within the reflection and cooling off period: The consultation fee.
    2. Outside of the reflection and cooling off period and more than 5 weeks before the operation date: £100
    3. Within 5 weeks of the operation date: 50% of the Procedure fee.

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 clinic facilities or the Surgeon becoming unavailable, the patient agrees that no expenses in relation to travel, accommodation or time off work will be recoverable for the patient, chaperone, family member or any other person.

5.4 The patient will incur the following fees if the procedure is cancelled by the patient:

  1. Prior to attending the initial consultation with the operating Surgeon/Doctor : The consultation fee.
  2. More than 5 weeks before the booked operation / treatment date: £100
  3. Within 5 weeks of the operation / treatment date: 50% of the procedure fee.
  4. Should the patient pay for a series of treatments ( a treatment package ) in advance to take advantage of the associated price reduction and then at any stage cancels any or all treatments before completion of the treatment cycle agreed and paid for, no refunds will be given at all.

Refund Process

5.5 Any refund must be approved Dr SW Clinics to ensure that it falls in line with these Terms and Conditions. Once approved, a refund will normally be paid within 45 working days. The refund will be paid in the following ways:

  1. Payment made on a credit or debit card – the appropriate amount will be repaid to the same card that was used to pay for the procedure, no refunds will be made onto any other card in any other name without exception.
  2. Should the client have been issued a new Credit / Debit card ( different from the card used to make the payment ) and seeks a refund, the client will be required to provide additional banking information ( as directed by Dr SW Clinics ) for security purposes before any refund can be made to the new Credit / Debit card.
  3. The amount repaid cannot exceed the transaction amount paid on the card used for payment.

6. PATIENT OBLIGATIONS

  1. Shall sign paperwork provided by Dr SW Clinics prior to receiving a procedure date.
  2. To understand that it is the sole decision of the operating Surgeon/Doctor or Anaesthetist as to whether or not a procedure can be carried out.
  3. Shall provide Dr SW Clinics, surgeon / doctor or any member of the nursing team a full and honest 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 there is later identified, the procedure will be cancelled. This will be subject to a cancellation fee as detailed in section 5. Dr SW Clinics 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

    1. Class A drugs
    2. Class B drugs
    3. Class C drugs
  4. 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 the GP about any intended surgery / treatment. The patient will be asked to complete this information at their first appointment with Dr SW Clinics and we may write to them to ensure the patient is fit for elective surgery / treatment and anaesthesia if it is deemed appropriate and clinically necessary to do so. No procedure shall be carried out on any patient who refuses to give Dr SW Clinics consent to inform / contact the GP where Dr SW Clinics deems it necessary to do so in line with Good Medical Practice.
  5. Shall notify Dr SW Clinics immediately if a change occurs to their previously disclosed medical history, health, or wellbeing, such as weight gain, pregnancy, change in medication dosage, disease or condition diagnosis etc.
  6. Shall be responsible for reading and making sure that they understand any patient information provided in relation to the procedure / treatment ahead of the actual procedure.
  7. Shall comply with all pre- and post-surgical instructions provided by Dr SW Clinics, its team, and any Surgeon/Doctor. Failure to do so may affect the patient’s aftercare and result in it becoming void.
  8. Shall ensure that any invoices and/or outstanding monies are paid immediately following the lapse of the 14-day reflection and cooling off.

7. PATIENT AFTERCARE

Dr SW Clinics processes have 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.

  1. All patients must attend post-operative appointments set by Dr SW Clinics and follow advice and guidance set out in the patient information provided or given.
  2. No expenses in relation to travel, accommodation or time off work will be recoverable for the patient, chaperone, family member or any other person.
  3. Failure to attend two consecutively scheduled post-operative appointments will result in Dr SW Clinics being no longer obliged to offer further appointments and thus voiding aftercare and obligations.
  4. Any changes in appearance that have been affected by changes in lifestyle, weight fluctuation, pregnancy, illness or the natural ageing process (all of which influence the original results of the surgery / treatment) will prevent Dr SW Clinics from providing to the patient free aftercare, for example, if a patient has gained weight post liposuction procedure.
  5. For up to 1 year after the original operation / treatment, where the patient and the original operating Surgeon/Doctor both agree that further surgery / treatment is required, and Dr SW Clinics approve corrective surgery / treatment will be offered.
  6. If the Patient’s Surgeon/Doctor decides that the results of the procedure fall within the acceptable normal limits of surgery / treatment, revision surgery / treatment will not be offered.
  7. 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.
  8. Patients must wait, sometimes for a period of up to 6 months ( or as directed / agreed by your doctor ) for results to settle and the final result to be realised before the formal revision process can commence.
  9. It is the patient’s operating Surgeon/Doctor who owes a duty of care to the patient, and this is the only Surgeon/Doctor obliged to perform any revision surgery / treatment if this is approved by the Surgeon/Doctor and no other Surgeon/Doctor is obliged to offer revision surgery to a patient who is not under their care.
  10. Where a revision procedure is required, the patient agrees that no expenses in relation to travel, accommodation, or time off work will be recoverable from for the patient, chaperone, family member or any other person.
  11. If the original Surgeon/Doctor is not available, Dr SW Clinics will appoint a suitable alternative Surgeon/Doctor to offer a review/second opinion and determine the appropriateness for additional surgery. The Surgeon/Doctor has no obligation to perform, undertake, or take over the patient’s care, but their opinion will be communicated to the original operation Surgeon/Doctor ( if possible )
  12. 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; Dr SW Clinics will not cover such travel costs.
  13. If a patient’s operating Surgeon/Doctor no longer consults from their local clinic, the patient will be expected to travel to another clinic to meet with their Surgeon/Doctor; Dr SW Clinics will not cover such travel expenses.
  14. If a scan or other investigative work is required, this cost will not be covered by Dr SW Clinics.
  15. Dr SW Clinics will not cover the cost of any corrective surgery / treatment performed by any other Provider or Surgeon without having been made aware and agreed.
  16. For up to 6 months from the date of the original surgery / treatment, Dr SW Clinics may approve corrective surgery / treatment if clinically appropriate.

8. COMPLAINTS

  1. In the event that the patient is unhappy with the service provided, the complaint should be made as soon as possible, either verbally or in writing to Dr SW Clinics.
  2. You agree to have your complaint managed in accordance with Dr SW Clinics Complaints Policy.( available upon request )
  3. Complaints may be outsourced for external adjudication wholly at the discretion of Dr SW Clincs.
  4. Complaints should be made as soon as reasonably practicable or within 6 months or the incident of concern to ensure the realistic opportunity of conducting a fair and effective investigation. Dr SW Clinics 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.
  5. 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.

9. CONFIDENTIALITY / DATA PROTECTION

  1. Dr SW Clinics is committed to protecting our patient’s personal information and confidentiality and we take all reasonable measure to ensure the confidentiality and security of personal data for which we are responsible. Dr SW Clinics in compliance with UK law accordingly implemented, including that required by the General Data Protections Regulations (Regulation (EU) 2016/679
  2. Dr SW Clinics process and hold data relevant to the patient and their procedure in accordance with the provisions set out in Dr SW Clinics Privacy Policy.

10. ACCESS TO MEDICAL RECORDS

The patient has the right to access any of their personal data that is being held by Dr SW Clinics. A copy of a patient’s medical records or photographs may be requested by writing to the Registered Manager of the Clinic. Dr SW Clinics will respond within the legal requirements for the disclosure from correct receipt of the request. Administration fees may be applied that are in accordance with legislation.

FORCE MAJEURE

Dr SW Clincs 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, Dr SW Clinics 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. Any such request may be declined.

By signing this document, I confirm I have read, understood and agree to these general terms of business with Dr SW Clinics.

Patient Signature…………………………………………………………………….

Patient Name………………………………………………………………………….

Date of signing………………………………………………………………………..