ABSTRACT

The Department of Health has set down targets in various areas to reduce waiting times. There is no legal requirement to attend a patient within a specific time frame. A patient who considers they have waited too long would need to pursue the internal complaints procedure. Many cases have been brought where patients have waited a considerable period of time for operations or other treatment. The courts generally take the view that it is not for them to become involved in issues relating to resource allocation. A health professional does not create a legal responsibility merely by assessing a patient. During the course of an assessment they may give general verbal advice or provide the patient with a leaflet. However, the health professional may inadvertently become responsible in the course of an assessment if they give detailed advice and support and the patient relies upon it to their detriment.