Terms & Conditions for surgical procedures

These Terms and Conditions outline the surgical services provided by our clinics: Minor Surgery Clinic Ltd and Dr B Clinic Ltd, operating as The Braham Institute. In the event of any discrepancies between these Terms and Conditions and other materials from our clinics, these Terms and Conditions will prevail.

1. OUR OBLIGATIONS

We are committed to ensuring that a qualified, registered doctor performs each Procedure, verifies that the doctor has appropriate insurance for professional negligence, and provides suitable facilities for both the Procedure and post-operative care. Additionally, we will supply the Patient with essential information to facilitate an informed decision regarding their consultation with a doctor.

2. THE PATIENT’S OBLIGATIONS

The Patient is expected to carefully read and understand all Procedure-related information before giving consent. They must follow all pre- and post-operative instructions, attend scheduled follow-up appointments, and implement recommended aftercare and lifestyle changes. Furthermore, the Patient should complete any requested pre-operative questionnaires and medical history forms, ensure timely payment for services, and feel free to ask questions to fully grasp the Procedure.

3. DOCTOR’S OBLIGATIONS AND THEIR RELATIONSHIP WITH THE CLINIC AND THE PATIENT

When a doctor is referred to a patient by The Clinic for a potential procedure, they establish a direct professional relationship with that patient, assuming full professional and legal responsibility for all procedures conducted. The doctor must secure the patient’s consent by providing essential clinical information, detailed pre- and post-operative instructions, and insights into expected outcomes and limitations. They are also required to inform the patient about all associated risks and complications, assess the patient’s suitability for the procedure, and ultimately decide whether to accept or decline the patient. Furthermore, the doctor is responsible for the patient’s care and any necessary aftercare, including revision surgeries as specified in the Re-Admission Policy in section 7. It is important to note that our clinics do not accept any responsibility or liability for matters that fall under the doctor’s professional or legal obligations. All doctors function as independent contractors in private practice and are not employees of our clinics, which means the company will not be held vicariously liable for their actions.

4. PAYMENTS

To secure your surgery date, full payment is necessary for procedures scheduled within the next two weeks. For surgeries planned for a later date, a 50% deposit will suffice, with the remaining balance due by the day of the procedure. Please be aware that any financing arrangements with a third-party company are separate from the clinic’s policies, and patients must adhere to both the clinic’s terms and the financing agreement. If a third-party financing application is denied, the patient is responsible for paying the remaining balance directly to our clinics.

5. CANCELLATION & REFUND POLICY

Cancellation by a Patient:

Patients are required to inform our clinics of any cancellations through email. For procedures that have been booked, cancellation fees will apply based on the timing of the notice:

If a cancellation occurs within one week of the scheduled surgery, a fee of 50% of the procedure cost will be charged.

Cancellations made within two weeks will incur a 25% fee.

If the cancellation is made more than two weeks prior to the surgery, a full refund will be issued.

Cancellation by the Doctor or the Clinic:

The clinic reserves the right to refuse surgery if any concerns arise during the consultation or booking process. If the doctor assesses that a patient is not suitable for a specific treatment or believes the treatment may not fulfil the patient’s expectations, the clinic may decline to proceed. In such instances, a full refund will be provided. Furthermore, the clinic can postpone or cancel a procedure if the doctor determines that the patient is not medically fit for treatment or if the requested procedure is inappropriate, and no alternative options are available to achieve the desired results.

If the surgery is cancelled because the Patient failed to disclose a known medical condition or previous medical history, or did not adhere to pre-operative instructions, the Patient will incur the cancellation fees outlined previously (Cancellation by a Patient).

The Patient may be required to undergo a blood or urine test if the doctor suspects recent drug or nicotine use. Should the Patient decline this testing, the doctor may cancel the procedure, and the Patient will be subject to the cancellation fees outlined previously (Cancellation by a Patient).

The Clinic has the authority to cancel a Procedure if the outstanding balance is not collected by the specified due dates outlined in section 4. In the event of cancellation by the Clinic, the Patient, or the Doctor, no expenses will be refunded by the Clinic.

6. POSTPONEMENT

6.1 Postponement of a Procedure by a Patient:

A patient may delay a procedure for up to 24 months due to pregnancy, significant medical issues, or serious non-medical events, with the severity assessed by the clinic’s management. If the clinic deems the reason insufficiently serious, the patient will be subject to the cancellation fees previously mentioned (Section 5). During the postponement, the clinic will retain all fees already paid. It is essential for patients to notify the clinic of any postponements via email or letter. Additionally, it is the patient’s responsibility to reschedule the procedure within the 24 months period; failure to do so will result in the forfeiture of any fees paid.

6.2 Postponement of a Procedure by The Clinic:

The Clinic retains the right to postpone your surgical procedure due to unforeseen circumstances, even on the day of the procedure. In such cases, no refunds will be issued; however, the Clinic will provide a new date as close to the original as possible and will offer alternative dates within eight weeks of the scheduled date. Patients may also select from additional available dates within the following 12 months if they prefer. If rescheduling within the eight-week timeframe is not feasible, a refund may be considered.

Additionally, The Clinic may delay your procedure if the necessary Medical History is not submitted before the surgery. If the information in the Medical or Psychological Pre-operative forms is inaccurate and hinders the surgery from taking place, the Clinic has the right to postpone the procedure. A 25% fee will be charged if the required information is not provided within seven days of the scheduled surgery.

7. RE-ADMISSION POLICY

While we strive to provide the best possible outcomes, the final cosmetic outcome of a procedure cannot be guaranteed. Furthermore, we will ensure you are informed of all potential risks and realistic expectations prior to the procedure. In case of complications or the need for additional surgery, regardless of the doctor’s skill or the quality of care provided, or if a patient feels that the results do not align with what was discussed during the consultation, the doctor may consider further surgery to enhance the outcome. This additional surgery will be at the discretion of the original doctor, who will assess whether it is necessary to achieve the expected results. If deemed necessary, the clinic will offer surgical services for the re-admission at a 50% discount from the charges of the clinic (doctor’s fees excluded). However, if the doctor and the clinic believes the results are acceptable and within the normal usual outcomes, no further treatment would be offered by the clinic or the doctor.

The Patient must submit a written expression of dissatisfaction regarding the outcome to The Clinic and have been evaluated by the operating doctor within one year of the original Procedure. The timing for any revision surgery is determined solely by the operating doctor, who may choose to delay the procedure to allow for complete healing. For secondary surgery to be approved under this policy, both the Doctor and the Medical Director of The Clinic, or an independent third party appointed by the Medical Director, must concur that the Procedure’s outcome fell short of expectations and that any complications are directly linked to the original Procedure, rather than being recognized side effects of the treatment or the Patient’s pre-existing medical conditions. If the Doctor believes that the results of the initial Procedure have been adversely affected by the Patient’s lifestyle choices—such as smoking, alcohol consumption, drug use, weight gain or loss, sun exposure—or by illness, natural aging, or non-compliance with postoperative care instructions, The Clinic will apply the usual procedures charges.

In cases where surgical outcomes are linked to known risks discussed prior to the procedure, such as keloid or hypertrophic scarring, The Clinic cannot guarantee revision surgery at a discounted rate. The doctor responsible for the initial procedure will oversee any subsequent surgeries, and requests for a different doctor cannot be accommodated under the readmission policy. If the original doctor is unavailable, finding another doctor willing to perform revision surgery at reduced rates may not be feasible, and The Clinic reserves the right to reassess the terms for any additional surgery.

Refunds will not be issued for patients dissatisfied with their surgical outcomes or under any other circumstances. Readmission surgeries must occur on The Clinic’s premises unless explicitly agreed upon in writing by a Clinic director, and no financial compensation will be provided for offsite readmissions or refunds for the original procedure. Additionally, any revision surgery for patients who have previously undergone procedures with third parties will be charged at The Clinic’s standard rates.

In cases where The Patient cancels or postpones revision surgery for non-medical reasons, or fails to inform The Clinic or the Doctor about any known medical conditions or previous medications, or does not adhere to pre-operative instructions from the Doctor or any other clinician, within four weeks of the scheduled surgery, no additional free revision will be provided. The Patient will then be required to pay the standard rates set by The Clinic for any rescheduled surgery. Furthermore, if The Patient arranges for additional surgery with a Third Party Doctor after the initial procedure but before being readmitted to The Clinic, this policy will no longer apply, and all subsequent surgeries will be charged at The Clinic’s current standard prices.

8. THIRD PARTY SERVICES

Any Third Party Services that a Patient utilizes outside of the Clinic are independent of the Patient’s agreement with the Clinic. This includes services suggested by the Clinic or Clinician, such as aftercare, diagnostic tests, or other medical treatments. The Patient is solely responsible for deciding to pursue these services, and any agreements or payments are made directly between the Patient and the Third Party Service provider.

9. COMPLAINTS

Our Clinics are committed to providing compassionate and fair treatment to all patients. If a patient is unhappy with any aspect of the service, they should contact their Patient Advisor promptly, ideally within a year of the procedure. Should the Patient Advisor be unable to address the issue satisfactorily, the Clinic’s Complaints Procedure – Patient Guide will be followed.

10. CONFIDENTIALITY AND DATA PROTECTION

The Clinic handles patient data related to the Procedure in accordance with these Terms and Conditions. It is essential for patients to consent to sharing their data with Clinicians during the Procedure, enabling discussions about their care. This consent is necessary to comply with the Data Protection Act 2018, and we prioritize the protection of your medical records and personal information as detailed in our Privacy Policy. All data provided will be securely stored and managed in line with relevant data protection laws. Both the Clinic and the patient agree to keep all treatment-related information confidential. If sharing patient information is required, it will only be done by authorized personnel involved in the patient’s care, including independent Doctors and necessary regulatory authorities. Patients consent to share their personal information with these professionals and other medical facilities, such as NHS and private hospitals, for treatment discussions. The Clinic reserves the right to share patient information with the patient’s GP, NHS facilities, or other relevant authorities in emergencies concerning physical or mental health. Opting out of this information sharing may impact treatment options at the Clinic. Patients can request access to their medical records, which will only be released after verifying identity with a photo ID and completing a subject access request form. Additionally, images may be taken before, during, and after procedures for documentation purposes, and these will be securely stored.

By agreeing to these terms, you consent to the clinic sharing your details with the Department of Health and other regulatory bodies without prior notice.

When does the right to erasure apply?

Individuals have the right to request the erasure of their personal data under several circumstances. This right applies when the data is no longer necessary for its original purpose, when consent is withdrawn if it was the basis for processing, or when an individual objects to processing based on legitimate interests without any overriding reasons to continue. Additionally, if the data was processed unlawfully, erasure is warranted. Compliance with legal obligations may also necessitate data deletion. When assessing

requests for erasure, factors such as the type of data, circumstances, and treatment pathways will be considered, particularly for sensitive records like medical treatment histories, which are typically retained for a minimum of five years.

11. NO VARIATION

There can be no variation or exceptions to these Terms and Conditions unless agreed in writing and countersigned by a Director of The Clinic. The Clinic reserves the right to amend, change or delete such terms and conditions as it deems appropriate.

12. LEGAL JURISDICTION

The services provided by The Clinic and by Clinicians shall be governed by the laws of England and Wales, whose courts shall have exclusive jurisdiction.