HC Deb 14 February 2002 vol 380 c667W
Dr. Fox

To ask the Secretary of State for Health what provision he has made in relation to liability of approved hospital providers in the EU. [16853]

Mr. Hutton

An overseas provider treating a national health service patient pursuant to a contract with an NHS commissioning body will clearly be potentially liable to the patient for any medical negligence. However, although the law is not fully developed in this area, English courts may decide that the NHS body commissioning that treatment was also potentially liable. Commissioners therefore need to seek appropriate indemnities against any claims from foreign providers.

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