GP's legally allowed to refuse treatment to Americans and Canadians

US and Canadians who are residents in the UK.  Hooray!  I am so glad I pay all my taxes.

It looks as if this case was first brought up back in August, but I don't remember reading it anywhere.

Bascially, the GMC said that a GP had the right to not treat an American for fear of being sued in the U.S. courts.  No action will be taken against the GP.  Even though no one has been sued.

Neither the MPS nor the rival Medical Defence Union, which between them provide cover for the vast majority of GPs, provide indemnity cover for action brought in a US or Canadian court, even if it relates to treatment in the UK, because of the high cost of litigation in those countries.
Dr Hameed Din, a GP in Billericay, Essex, said: ‘I’m going to take all the Americans and Canadians off my list, because I’m not covered to treat them.

He also fears GPs could be breaking GMC guidance by not being fully indemnified against action in US courts.

‘If I’m not covered to do it, then legally I’m not allowed to treat a patient,’ he said.

A spokesperson for the GMC said GPs treating Americans or Canadians should consider specialist insurance cover.

I am sure that the majority of GP's won't start refusing Americans/Canadians but maybe there is somewhere we can write to about this. 

I am more concerned about this than my driver's license. 

http://www.timesonline.co.uk/tol/life_and_style/career_and_jobs/public_sector/article3224354.ece

http://www.pulsetoday.co.uk/story.asp?sectioncode=23&storycode=4113881

There's a few things about this that doesn't seem right. 

1.  wouldn't that be ethnic/racial discrimination under UK law?

2.  and if they are treated in the UK, then isn't that out of the jurisdiction of the US/Canadian courts?

One would think, but apparently not.  Perhaps the original defendant is taking this to a higher court, but I can't find any further information about it.

Pulse is a reliabel source

Pulse is the UK's leading medical weekly, counting 80% of GPs among our regular readers. We were launched in 1960 as an all-purpose toolkit for general practice, designed to keep GPs up to date with the latest practical information about their work.


Pulse offers comprehensive coverage of news affecting GPs and practice staff, from clinical advances to the latest political developments. We also provide GPs with high quality clinical and business information, through our in-depth features by respected experts, our website'swide-ranging educational content andour companion publication Practical Commissioning.

Apparently, the fear of lawsuits is that someone will return to the US discover a problem and sue there.  I would think the case would need to be tried in the UK, but then I am not a lawyer.

I'm guessing they would have to get permission from the Supreme Court to sue in the US.

He had dual nationality as well, not just a resident.

The GMC has said it will not take action against GPs who refuse to treat American nationals living in the UK.

Fears that they could be sued in US court if things go wrong, has prompted some GPs to refuse to treat US citizens, despite reassurances from The Medical Protection Society that such a scenario is highly unlikely.

But Pulse has learnt that the GMC’s Fitness to Practice Directorate turned down a complaint from an American citizen who claimed he had been discriminated against because of his nationality when he was refused treatment.

Dr Stephen Robinson, who has Anglo-American dual nationality, complained after he was forced to withdraw from two charity trips because the accompanying GP said they were not covered to treat him.

But he was told by the GMC that its remit ‘does not cover law enforcement’ and no action would be taken.

http://www.pulsetoday.co.uk/story.asp?sectioncode=23&storycode=4116798

F*ck

Well if this becomes a much larger issue and can't find a GP to treat us, do we get to stop paying taxes over here? 

I would question this. It says "some GPs are refusing to treat US citizens..." - but it doesn't say how many. Could be just a couple.

I work for the NHS and just ran this by a few colleagues including the ones who are in charge of commissioning GP services for the Primary Care Trust. They said that if someone intends to settle permanently and lives in the surgery's catchment area, they have to register them and if they didn't it would be discrimination and in breach of the contract with the PCT....

But possibly more telling is that no where in either article do they mention the NHS. A private doctor can pick and choose who they want to see, so is it possible that the GP(s) in question were private doctors?

I don't think there's any need to be too worried at this point....

What's more likely to happen you think, U.K. doctors refusing outright to treat any U.K. residents of American and Canadian extraction creating a huge international incident, or possibly the insurance company coming up with some kind of a release for those patients to sign, absolving doctors from liability in U.S./Canadian courts?

In other words, I  doubt the sky's falling just yet.

Also, the GMC are not the authority on what is discriminatory, that's up to the Equality & Human Rights Commission to decide.

I imagine that one of two things will happen - either the doctors (via the GMC) will convince their profesisonal indemnity insurers to cover them for legal action taken overseas, or non EEA or dual nationals will have to sign some sort of disclaimer (as Mort has suggested).

I agree, it's not panic time yet.

Vicky

A few years ago, when I was a postgrad student here in the UK, I had a doctor who refused to give me a refill on the medication I'd been on for a couple of months because she said I could just visit the US and see a doctor and pay for my medication there.  This was despite the fact that I was on a high dosage, so I had a lot of horrible side effects from coming off it suddenly.     The same doctor had prescribed it in the first place as well, so it was really weird.  She just said, "I've thought about it, and you need visit a doctor in the US rather than here because I can't give you a prescription if there's a chance you may leave the country." 

In the case of dual nationals... how is the GP to even know if a patient is American? When asked my nationality here in the UK, I always only write 'British'. Accents are very misleading these days

Thinking back on when I first registered for me current GP...I don't actually recall being asked my nationality, and I certainly wasn't asked for my passport.

Does anyone know if nationality is one of the questions asked on the registration form?

I'm not planning on filling the petrol can for the self-immolation on the High St. just yet.  Petrol is expensive and they might not treat me anyway.  HA!

I know that GMC don't decide what is discrimination and this will probably be resolved with a signed waiver, but me knowing it is discrimination and you knowing it doesn't help unless they have a waiver ready.

The GP quoted in the story is, according to the NHS, one of their doctors.

Maybe they should worry about the British citizens who can sue them in British courts.