MYA Terms & Conditions

Last updated: July 2024

Contents

1. DEFINITIONS

2. MYA’S OBLIGATIONS

3. FEE & PAYMENT TERMS

4. PATIENT RESCHEDULING POLICY & MISSED APOINTMENT CHARGES

5. CANCELLATION & REFUND

6. PATIENT OBLIGATIONS

7. PATIENT AFTERCARE

8. MODIFICATION PROCEDURE

9. COMPLAINTS

10. CONFIDENTIALITY / DATA PROTECTION

11. ACCESS TO MEDICAL RECORDS

12. TRANSFER OF BUSINESS

13. FORCE MAJEURE

14. LEGAL JURISDICTION

15. CANCELLATION FORM 

1.DEFINITIONS

CONFIRMED

An operation can only be confirmed once the Surgeon 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 Holiday. 

DEPOSIT

An agreed sum of monies used to reserve space on an operating list which is non-refundable once outside the 14 days reflection and cooling off period.

GENERAL MEDICAL COUNCIL (GMC)

Is a public body that maintains the official register of Medical Practitioners within the United Kingdom.

MYA CLINICAL TEAM

A team of clinical and medically trained staff who review Patient situations and can approve clinical decisions should they deem appropriate.

MODIFICATION PROCEDURE

In some cases, it will be planned and documented from the beginning as a part of the patient’s surgical plan advised by the Surgeon/Doctor and agreed by the Patient that it will take two stages to achieve the intended result. The initial Procedure will be followed by a second Procedure. In these Terms and Conditions, the second Procedure is referred to as a Modification Procedure as is more particularly described in clause 8 a).

PATIENT

Any person who has entered into a contract with MYA requesting a consultation for a surgical Procedure (including but not limited to the nursing care and administrative functions provided to the Patient by MYA employees only) with the outcome of the Procedure being the responsibility of the Surgeon or Doctor.

PRE-OPERATIVE ASSESMENT

An assessment carried out by a member of the MYA Clinical Team, in this instance typically a Nurse.  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) and Health Inspectorate Wales (HIW)

This could include:

· Brochures, leaflets, videos, emails, advice and any associated letters, and any other information provided online or offline. MYA do not take responsibility for manufacturer’s information but believes the information provided to be accurate at the time of delivery

· Patient Action Plan (PAP) – A list of next steps

· General Cosmetic Surgery Guide (GCSG) – A guide to the steps and what to expect throughout

· Procedural Summary (PS) – A summary of key dates, the Procedure, Surgeon and agreed price

PROCEDURE

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

REFLECTION AND COOLING-OFF PERIOD

A period of 14 days from the day of the conclusion of the contract by your signing and returning these Terms and Conditions and by being informed of the price relating to the relevant surgical procedure or a period of 14 days from the day of the initial consultation with the operating Surgeon/Doctor, whichever be the later.

MYA recommends in accordance with ‘Guidance for Doctors Who Offer Cosmetic Intervention’, GMC 2016 and guidelines identified in ‘Good Medical Practice in Cosmetic Surgery’ (in liaison with the General Medical Council) that Patients have an adequate time for reflection

FURTHER REFLECTION AND COOLING-OFF PERIOD

A period of 14 days from the day of any second or subsequent consultation with the operating Surgeon/Doctor during which a material change to the medical procedure is recommended by the operating Surgeon/Doctor and agreed or a period of 14 days from agreement of a price increase of more than 10% and arising from the agreed material change to the medical procedure, whichever be the later.

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 with MYA at appropriate premises.

WEEK(S)

‘Week’ refers to a period of seven (7) days and where several weeks are mentioned, the number of weeks should be multiplied by 7 to give the number of days.

WORKING DAY

Monday to Friday of any given week except for a UK Bank or Public Holiday.

2. MYA’S OBLIGATIONS

2.1 MYA shall 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 or 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. MYA 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.

2.2 MYA shall 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, MYA will engage the Surgeon or Doctor to provide Aftercare to the Patient.

2.4 MYA shall arrange for the Procedure to be carried out at a third-party owned private hospital registered with and regulated by the Care Quality Commission (CQC). The hospitals 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. The hospitals are obliged to maintain medical indemnity insurance in accordance with CQC regulations. MYA is not vicariously or in any other way liable for the acts, omissions or breach of contract by the hospital and hospital staff. Such liability remains at all times with the hospital.

2.5 The Procedure is a cosmetic procedure and so assessment of the results involves an element of subjectivity. Therefore, it is important that the patient understands that while their surgeon will advise them as to the probable results, this should in no way be interpreted as a guarantee.

2.6 MYA cannot accept any responsibility or liability for any matter which may be within the professional or legal liability of the independent Surgeon or Doctor or the hospital and hospital staff.

2.7 Seek signed consent for medical photographs to be taken by a healthcare professional for patient confidential medical record. I understand that MYA require signed consent for photographs to be taken by a healthcare professional for my confidential medical record. These include photographs of the operation site and any distinguishing features, and will be taken pre-operatively and post-operatively. I understand that these photographs are taken to enable clinical assessments to be made. I further understand that my facial features may be included if my procedure is above the shoulders. I understand that if I decline to give this consent, then I may be refused a procedure. I also understand that if the Surgeon wants to use these photos for their own personal marketing, they will need to seek separate consent from me ahead of doing this.

2.8 MYA shall comply with the provisions under the UK General Data Protection Regulations, as will its independent Surgeons, Doctors and hospital who are registered with the Information Commissioner’s Office (ICO) as data controllers in their own right.

3. FEE & PAYMENT TERMS

Deposit:

A deposit of £750 is required should you wish to schedule a date for your procedure. 

Payment Terms:

Payment in full will be required 5 days after your payment of any Deposit to schedule a date for your procedure or 5 days after your initial consultation with the operating Surgeon/Doctor, whichever be the later.

Any failure to clear the balance in full in line with these terms and conditions may result in the procedure date being changed, or even cancelled

 3.1 THE PROCEDURE FEE WILL COVER:

a) Hospital treatment and accommodation including Patient catering if the Patient has an overnight stay at the hospital.

b) Nursing Care.

c) Operating Theatre charges.

d) Appropriate drugs and medication relating to the Procedure in the hospital.

e) Appropriate dressings relating to the Procedure in the hospital.

f) Where appropriate, the prosthesis in the standard range of the supplier or that specifically agreed between the Patient and the operating Surgeon.

g) Pre-Operative blood tests. The Doctor or pre-operative Nurse will select and perform routine pre-operative blood tests and MRSA screening appropriate to the Patient’s medical history and/or Procedure.

h) Pre-operative and post-operative medical photographs taken by the Nurse. These form part of the Patient’s confidential medical record.

i) Surgeon fees during the hospital stay which include the pre-surgery consultation, surgery and surgical reviews, immediate post-operative care and post-operative appointments in line with MYA’s aftercare policy.

j) Anaesthetist fee which includes a pre-operative visit, the operation and immediate post-operative care.

k) MYA Aftercare, pursuant to this agreement.

l) Appropriate post-surgical garments relating to the Procedure, excluding bras. Any further garments required will incur a fee.

m) Any Value Added Tax (vat) found to be chargeable

3.2 THE PROCEDURE FEE WILL NOT COVER:

a) 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.

b) Any drugs which are not prescribed by the independent operating Surgeon/Doctor who has been given delegated authority.

c) Any additional cost of further pre-operative blood tests or pre-operative blood tests of a non-standard nature as may be determined necessary by the Surgeon/Doctor or Anaesthetist.

d) Any additional anaesthetic and/or specialist referrals. These will incur additional costs.

e) Any additional cost of, where appropriate, a prosthesis in the non-standard range of the supplier, other than that specifically agreed between the Patient and the Patient’s operating Surgeon.

f) Additional night’s stay at the hospital - This will be charged at the current rate, as agreed with a member of the Patient Services Team..

g) Any expenses relating to travel, accommodation and time off work for original surgery or revision surgery incurred by the Patient or chaperone.

h) Expenses relating to Procedure results, including but not limited to Manual Lymphatic Drainage (MLD) massages following Vaser surgery.

i) Any additional charges, where applicable, will be added to the Procedure fee.

j) 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.

k) MYA does not cover the cost of loss of earnings for a Patient or their chaperone/family.

l) MYA does not cover the cost of prescriptions or antibiotics in the event of a post-operative infection.

m) MYA does not cover the cost of a Patient’s or their chaperone’s travel/accommodation/food, or any other related expenses in connection with both the original and/or the revision surgery. This applies even in the case of a Force Majeure; all costs need to be covered by the Patient and/or their chaperone/family.

n) MYA does not cover the cost of specialist dressings except in exceptional circumstances.

3.3 TIMESCALES EXPLAINED:

a) If the Patient fails to clear the balance in accordance with the earlier provisions of this Clause 3 headed “Payment Terms”, then MYA 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 RESCHEDULING POLICY & MISSED APPOINTMENT CHARGES

4.1 Failure to provide 72 hours’ notice of non-attendance for non-clinical appointments, including video e-consultation appointments, will result in a missed appointment charge of £50.

4.2 Failure to provide 72 hours’ notice of non-attendance for clinical appointments (with surgeon doctor or nurse) pre-operatively, including video e-consultation appointments, will result in a missed appointment charge of £100.

4.3 Failure to provide 72 hours’ notice of non-attendance for clinical appointments (with surgeon doctor or nurse) post-operatively, including video e-consultations appointments, will result in a missed appointment charge of £100. Discretion will be applied for a missed initial clinical post-operative appointment should 72 hours’ notice not have been given, however, charges will apply for any subsequent missed appoints whereby 72 hours’ notice has not been given.

4.4 If the Patient reserves a Procedure date and the Patient decides to reschedule the Procedure date, an additional fee will be payable (the “Rescheduling Fee”) dependent on how much notice is provided as follows:

(a) Prior to attending the initial consultation with the operating Surgeon/Doctor or whilst within the reflection and cooling off period: £0

(b) Outside of the reflection and cooling off period and more than 5 weeks before the operation date:

£250 Administration fee

(c) Within 5 weeks of the operation date:

25% of the procedure fee, or £250 if MYA is able to fill the space within 72 hours

The rescheduling fee shall be applied at MYA’s discretion pursuant to this clause.

4.5 The ‘Reflection and Cooling-off Period’ is unaffected by clause 4.

4.6 It is the sole decision 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 4.4 above.

4.7 MYA reserves the right to postpone the Procedure in the interests of the safety and welfare of the Patient, other Patients or clinicians. Reasons may include failure by the Patient to follow advice given in line with clinical guidance which is provided by the Surgeon/Doctor or MYA Clinical Team and/or patient information documents. This includes but is not limited to the following example: - a Patient who does not comply with MYA or Surgeon instructions related to smoking or the use of nicotine products. In this instance the Patient will be subject to the fee outlined in 4.4 above.

4.8 MYA also reserves the right to postpone the Procedure in the interests of the safety and welfare of the Patient and/or other Patients or clinicians if the patient has COVID-19. This will result in the Procedure being postponed and the Patient being subject to the fee outlined in 4.4 above.

4.9 In the event of an operation being rescheduled as a result of following the advice of MYA’s Clinical Team, or under Force Majeure, which includes but is not limited to the example of the hospital facilities or the Surgeon 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 MYA.

4.10 If the Patient reschedules a confirmed revision Procedure, the rescheduling fee outlined in 4.4 above will apply in order for MYA to cover the losses incurred relating to the operating space.

5. CANCELLATION & REFUND

Procedures can be cancelled by either the Patient or MYA 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

5.1 You have the right to cancel this contract within 14 days without giving any reason.

a) The Reflection and Cooling-Off Period will expire 14 days from the day of the conclusion of the contract by your signing and returning these Terms and Conditions and by being informed of the price relating to the relevant surgical procedure or a period of 14 days from the day of the initial consultation with the operating Surgeon/Doctor, whichever is the later.

b) Any Further Reflection and Cooling-Off Period will expire 14 days from the day of the second or subsequent consultation with the operating Surgeon/Doctor during which a material change to the medical procedure is recommended by the operating Surgeon/Doctor and agreed or a period of 14 days from the day of agreement of a price increase of more than 10% and arising from the agreed material change to the medical procedure, whichever be the later.

c) To exercise the right to cancel you must inform us, MYA of 1,Cardale Park, Beckwith Head Road, Harrogate HG3 1RY - telephone 01423 704900 – email customer.care@mya.co.uk, of your decision to cancel this contract by a clear statement (e.g., a letter sent by post or email). You may use the cancellation form appearing on page 14 of these Terms and Conditions, but it is not obligatory.

d) To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the Reflection and Cooling-Off Period or Further Reflection and Cooling-Off Period has expired

Effects of Cancellation following your exercise of the Right to Cancel

e) If you cancel this contract by exercising your right to cancel, we will reimburse to you all payments received from you. We will make the reimbursement without undue delay and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

f) We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. 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. The amount repaid cannot exceed the transaction amount paid on the card to MYA.

2. Payment in any other way – the appropriate amount will be repaid by cheque in the name of the person who made

the payment. If the amount was paid by a person other than the person having surgery, then a third-party repayment form needs to be completed.

MYA Cancellation Reasons:

5.2 MYA 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 MYA Clinical Team, the Surgeon/Doctor, or contained within the Patient Information Guides provided.

a) The Patient shall comply with all pre-operative instructions provided by MYA; failure to do so will result in cancellation.

b) Failure to adhere to clause 6 of the Patient Obligations will result in cancellation.

c) MYA reserves the right to cancel the Procedure or the provision of post-operative aftercare appointments should the Patient or their chaperone/family member display abusive behaviour towards MYA staff, Surgeons, Doctors, hospital staff or any other person

d) MYA reserves the right to cancel the Procedure should the Surgeon/Doctor not feel comfortable operating on the Patient due to the Patient displaying an unusual degree of nervousness, unusual behaviour and/or obvious uncertainty.

e) 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 to MYA, then the Procedure will be cancelled.

f) The Patient will incur the following fees if the procedure is cancelled for any reason set out above:

(i) Prior to attending the initial consultation with the operating Surgeon/Doctor or within the reflection and cooling off period:

£0 fee

(ii) Outside of the reflection and cooling off period and more than 5 weeks before the operation date:

The Deposit

(iii) Within 5 weeks of the operation date:

A sum which together with any Deposit amounts to 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 hospital facilities or the Surgeon becoming unavailable, the Patient agrees that no expenses in relation to travel, accommodation or time off work will be recoverable from MYA for the patient, chaperone, family member, or any other person.

Patient Cancellation

5.4 The Patient will incur the following fees if the Procedure is cancelled by the Patient:

(i) Prior to attending the initial consultation with the operating Surgeon/Doctor and within the reflection and

cooling off period:

£0 fee

(ii) Outside of the reflection and cooling off period more than 5 weeks before the operation date:

The Deposit

(iii) Within 5 weeks of the operation date:

A sum which together with any Deposit amounts to 50% of the Procedure fee

Refund Process

5.5 Any refund must be approved by MYA Headquarters to ensure that it falls in line with these Terms and Conditions. Once approved, a refund will normally be paid within 90 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. The amount repaid cannot exceed the transaction amount paid on the card to MYA.

2. Payment in any other way – the appropriate amount will be repaid by cheque in the name of the person who made the payment. If the amount was paid by a person other than the person having surgery, then a third-party repayment form needs to be completed.

6. PATIENT OBLIGATIONS

a) Must provide photo identification (ID) proving the Patient to be at least 18 years old for any clinical consultation or surgical Procedure. The Patient must provide this prior to attending their Surgeon consultation or reserving an operating date.

b) Shall sign all paperwork provided by MYA prior to receiving a Procedure date.

c) Must provide their NHS number prior to attending the Preoperative Assessment.

d) To understand that it is the sole decision of the operating Surgeon/Doctor or Anaesthetist as to whether or not a Procedure can or should be carried out.

e) Shall provide to MYA, the Surgeon/Doctor or any member of the Healthcare Team a full 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 this is later identified, the Procedure will be cancelled. This will be subject to a Cancellation fee as detailed in section 5. MYA 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 the following:

· Class A drugs, e.g., Cocaine, crack cocaine, ecstasy (MDMA), heroin, LSD, magic mushrooms, methadone, methamphetamine (crystal meth)

· Class B drugs, e.g., Amphetamines, barbiturates, cannabis, codeine, ketamine, methylphenidate (Ritalin), synthetic cannabinoids, synthetic cathinones (for example mephedrone, methoxetamine)

· Class C drugs, e.g., Anabolic steroids, benzodiazepines (diazepam), gamma hydroxybutyrate (GHB), gamma-butyrolactone (GBL), piperazines (BZP), khat

Please note: these lists are not exhaustive

f) Patients who are currently smoking or use tobacco or nicotine products (patch, gum, or nasal spray) must refrain from smoking at least 4 weeks (or longer) before surgery and until your Surgeon states it is safe to return. You must inform your Surgeon if you continue to smoke within this time frame, and understand that for your safety, the surgery, may be delayed. Any requirement to postpone or cancel an operation due to non-compliance with instructions given to you regarding smoking will be subject to the rescheduling fee outlined in 4.4 above or cancellation fee outlined in 5.2 f above.

g) 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 their GP about any intended surgery. The Patient will be asked to complete this information at their first appointment with MYA, and MYA will write to them to ensure the Patient is fit for elective surgery and anaesthesia. No Procedure shall be carried out on any Patient who refuses to give MYA consent to inform their GP of the Procedure.

h) Shall notify MYA immediately if a change occurs to their previously disclosed medical history, health or wellbeing, such as weight gain, pregnancy, change in medication dosage, etc.

i) Shall notify MYA immediately if at any stage of their Patient Journey with MYA they suffer the symptoms of or test positive for COVID 19.

j) Shall be responsible for reading and making sure that they understand any Patient Information provided in relation to their Procedure ahead of the Procedure.

k) Shall comply with all pre and post-surgical instructions provided by MYA, MYA’s Clinical Team, and the Surgeon/Doctor. Failure to do so may affect the Patient’s aftercare and result in it becoming void.

l) Shall ensure that any invoices and/or outstanding monies are paid immediately following the lapse of the 14-day reflection and cooling off period or 56 days prior to the scheduled procedure date, whichever occurs first.

m) Shall notify MYA immediately they are charged with any offence which may result in their receiving a custodial sentence. No medical procedure or aftercare can be provided by MYA to any patient who is in custody.

7. PATIENT AFTERCARE

MYA’s Aftercare Policy has 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.

a) All Patients must attend post-operative appointments set by the MYA Clinical Team and follow advice and guidance set out in the Patient Information provided by the MYA Clinical Team.

b) No expenses in relation to travel, accommodation or time off work will be recoverable from MYA for the patient, chaperone, family member, or any other person.

c) Failure to attend two consecutively scheduled post-operative appointments will result in MYA being no longer obliged to offer further appointments and thus voiding the aftercare

d) 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) will prevent MYA from providing to the Patient free aftercare. For example, if a Patient has gained weight post Vaser Procedure, or a Patient has lost weight after a Breast Enlargement Procedure and they are experiencing rippling related to this.

e) For up to 2 years after the original operation, where the Patient and the original operating Surgeon/Doctor both agree that further surgery is required, and MYA approve (if clinically appropriate), corrective surgery will be offered. The corrective surgery, hospital accommodation (where applicable), and nursing care will be provided free of charge.

f) If the Patient’s Surgeon/Doctor decides that the results of the Procedure fall within the acceptable normal limits of surgery, further free surgery will not be available.

g) 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.

h) Patients must wait, sometimes for a period of up to 12 months, for results to settle and the final result to be realised before the formal revision process can commence.

i) 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 the revision surgery if this is approved by the Surgeon/Doctor and MYA. No other Surgeon/Doctor is obliged to offer revision surgery to a Patient who is not under their care.

j) 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 MYA for the patient, chaperone, family member, or any other person.

k) Any variances to the revision Procedure required, for example an increase/decrease in implant size, will be paid for by the patient.

l) If the original Surgeon/Doctor is not available, MYA will appoint a suitable alternative Surgeon/Doctor to offer a review/second surgical opinion and determine the appropriateness for additional surgery. The Surgeon/Doctor has no obligations to perform, undertake or take over the patient’s care, but their opinion will be communicated to the original operating Surgeon/Doctor.

m) 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; MYA will not cover such travel costs.

n) If a patient’s operating Surgeon/Doctor no longer consults from their local clinical hub, the Patient will be expected to travel to another MYA clinical hub to meet with their Surgeon/Doctor or nurse; MYA will not cover such travel costs. If the most local clinical hub is not available the patient will be expected to travel to another site to meet with their Surgeon/Doctor or Nurse and MYA is not liable for the travel costs.

o) If a scan or other investigative work is required as part of the treatment plan, or needed to ascertain if treatment is required, this cost will not be covered by MYA unless it is within 28 days of the original operation.

p) MYA will not cover the cost of any corrective surgery performed by any other provider or Surgeon without having been made aware and agreeing in advance.

q) If the original Procedure was a day case Procedure and the revision Procedure requires an overnight stay, this will come at an additional cost to the Patient.

r) Additional breast implant cover may be provided by implant manufacturers, and separate information will be provided outlining this cover.

s) For up to 2 years from the date of the original surgery, MYA and the Surgeon will approve corrective surgery, if clinically appropriate, where capsular contracture of a Baker Grade 3 or above is diagnosed. Should the Patient wish to change their implant to anything other than like-for-like, a fee will be applicable.

t) For up to 2 years from the date of the original surgery, MYA and the Surgeon will approve corrective surgery if clinically appropriate, where implant rupture is confirmed by USS or MRI scan; however, patients are advised to refer to their implant manufacturer warranty. Should the Patient wish to change their implant to anything other than like-for-like, a fee will be applicable.

u) If the Patient has their implants removed by another cosmetic surgery provider for any reason, and such implants are found to be ruptured, MYA will not be responsible for any implant related costs. The Patient should contact the implant manufacturer to take advantage of the implant warranty/guarantee.

v) MYA cannot be held responsible for any condition suffered by the patient as a result of an inability to provide any aftercare or delay in the provision of aftercare brought about by the patient’s failure to attend aftercare appointments or inability to attend due to being abroad or in custody pending trial or serving a custodial sentence.

8. MODIFICATION PROCEDURE

a) No surgical cosmetic procedure can guarantee a specific outcome. Your surgeon will explain any risks of complications and the limitations of the procedure. Sometimes a surgeon does not achieve the planned outcome and where they feel a revision could improve this further, they may recommend a revision could take place. In more complicated cases the surgeon will recommend a two-stage procedure. The position after the initial procedure is different to a one stage procedure and any revision will be limited to achieving the expected first stage outcome. For a further improvement, not deemed possible by the surgeon in one procedure, the Modification Procedure will need to take place. This will be explained, and it will be planned and documented from the beginning as a part of the patient’s surgical plan. It will be agreed by the Surgeon/Doctor and agreed by the Patient that it will take two stages to achieve the better outcome and intended result. The initial Procedure will be followed by a second Procedure and in these Terms and Conditions the second Procedure is referred to as a Modification Procedure.

b) The following provisions apply where there is to be an initial Procedure followed by a Modification Procedure, but all other provisions of the Terms and Conditions continue to apply unless inconsistent with the provisions of this section 8.

c) There will be two separate Procedure fees, one for the initial Procedure and another for the Modification Procedure agreed at the outset as part of the patient’s surgical plan. The quoted Modification Fee will be honoured for a period of 12 months from the booking of the initial procedure. If the Surgeon/Doctor has advised that the Modification Procedure should not proceed within the 12 months period, MYA shall in its absolute discretion, taking account of all the relevant circumstances, decide whether or not the Modification Fee should be increased.

d) If, after the initial Procedure and before booking a date for the Modification Procedure, the Patient, in consultation with the Surgeon/Doctor, declines to have the Modification Procedure, the cancellation will incur no charge and the Procedure fee for the Modification Procedure shall be waived.

e) Should a Modification Procedure be chosen then payment in full will be required 5 days after your payment of any Deposit to schedule a date for your Modification Procedure or 5 days after your consultation with the operating Surgeon/Doctor confirming the Modification Procedure, whichever be the later.

f) The Modification Procedure is expected to take place within a short time frame after the initial procedure and no later than 18 months after the initial Procedure (subject to healing and in line with typical balances and checks with the Patient’s current Medical History). This is because there is a greater likelihood of anatomical changes to the patient over time that can affect the success of the original two stage surgical plan. Even during this period if the patient has significant weight changes, lifestyle changes, medical history changes or pregnancies, then the Surgeon/Doctor may decide that the Modification Procedure cannot apply as planned as such changes significantly impact the original plan and the patient is likely to require a whole new procedure.

g) For the purposes of sub paragraphs e), s) and t) of section 7 the relevant periods of time shall be up to 2 years from the date of the Modification Procedure

9. COMPLAINTS

9.1 Where the complaint is about the services provided by MYA

a) In the event that the Patient is unhappy with the service provided, the complaint should be made as soon as possible verbally or in writing. Verbal complaints can be addressed with any MYA employee either face to face or via telephone. Typically, their first point of contact will be a member of staff with whom they are familiar to raise their concerns and attempt resolution.

b) If the Patient has concerns regarding service or results and fails to resolve these at the MYA Clinic level and would like their complaint formally investigated by a member of the team independent of the MYA Clinic, they should submit their complaint in writing. Written complaints must be either sent to the complainant’s local MYA Clinical Hub or MYA Head Office for the attention of the Complaints Team.

MYA - FAO: Complaints Team

1 Cardale Park

Beckwith Head Road

Harrogate

HG3 1RY

They may also be sent via email to patientcomplaints@mya.co.uk.

c) Patients may request a copy of the MYA complaints procedure from any MYA Clinic. The complaints procedure can also be found displayed in and around all MYA clinics and on the MYA website.

d) Complaints should be made as soon as reasonably practicable, or within 6 months of the incident of concern to ensure the realistic opportunity of conducting a fair and effective investigation. MYA 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.

e) 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 and investigated.

9.2 Where a complaint is received by MYA about the services provided by a Surgeon/Doctor, MYA deals with the complaint under the MYA complaints procedure in consultation with the Surgeon/Doctor. The provisions of 9.1 above apply.

9.3 Where a complaint is received by MYA about the services provided by a third-party owned private hospital, MYA forwards the complaint to the hospital and assists the Patient in navigating the hospital’s complaints process. 

10. CONFIDENTIALITY / DATA PROTECTION

a) MYA is registered with the Information Commissioner’s Office. At MYA, we are committed to protecting our patient’s personal information and confidentiality, and we take all reasonable measures to ensure the confidentiality and security of personal data for which we are responsible. MYA complies with UK law accordingly implemented, including that required by the UK General Data Protection Regulations.

b) MYA process and hold data relevant to the Patient and their Procedure in accordance with the provisions set out In MYA’s Privacy Policy. This can be viewed at https://www.mya.co.uk/privacy-policy.

c) Note that all our Surgeons are independent of MYA and that, should they wish to use for their own personal marketing any of your personal data, including images held by MYA, or to take additional photographs pre-operatively, intra-operatively (during surgery) and post-operatively for their own use other than to carry out your medical procedure and aftercare, they will need to seek your formal consent before doing so. These will be stored in the Surgeon’s own confidential record.

11. ACCESS TO MEDICAL RECORDS

a) If the Patient requests to view their medical records and/or photographs at a MYA clinic, a Surgeon/Doctor, or a member of the MYA Clinical Team must be present. This must be arranged by prior appointment.

b) The Patient has the right to access any of their personal data that is being held by MYA. A copy of the Patient’s medical records or photographs may be requested by writing to the MYA GDPR Team. The email address is gdpr@mya.co.uk. MYA will respond within 30 Calendar days of receipt of the request. Full details are contained in MYA’s Medical Records and Data Protection Policy, a copy of which is available from your Site Supervisor/Registered Manager.

c) The patients will need to sign a Release of Medical Records/Photographs form ahead of their notes being prepared; ID must be provided before the patient’s medical records are available for collection

12. TRANSFER OF BUSINESS

a) If MYA shall merge with another business or transfer all or substantially all of its business to a partnership, a limited liability partnership, or a company, the Patient agrees that MYA may transfer to the successor enterprise the performance of its services and benefit and obligations arising pursuant to these terms and conditions on substantially the same terms (so far as is applicable).

13. FORCE MAJEURE

a) MYA 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 of MYA 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.

14. LEGAL JURISDICTION

a) 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.