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A ruling by the European Court of Justice has paved the way for patients on long NHS waiting lists to seek treatment within another EU country, with the Department of Health to pay the bill. The ruling by the European Court of Justice followed a case brought by two Dutch patients whose government refused to pay for their necessary treatment abroad.
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A ruling by the European Court of Justice has paved the way for patients on long NHS waiting lists to seek treatment within another EU country, with the Department of Health to pay the bill. The ruling by the European Court of Justice followed a case brought by two Dutch patients whose government refused to pay for their necessary treatment abroad.

It effectively means that patients within all EU countries will be entitled to seek treatment abroad unless their own government can offer 'the same or equally effective treatment without undue delay'. Patients can already be referred to a hospital within another EU country if the treatment is not available in the home country. In the UK last year for example, this option was only taken by about 1,100 patients.

Several EU countries, particularly Germany and France, have minimal waiting lists compared to the UK. German wards for example, often contain less beds and have more staff. This ruling will be a huge relief for patients with debilitating, painful and deterioating conditions such as cataracts and Glaucoma that usually have long waiting lists.

The Department of Health is reviewing the implications of this ruling. The BMA argue that some family doctors may be reluctant to use the option because of the difficulties that could arise in follow-up care.


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