As expert solicitors supporting clients every day with their claims for medical negligence, we often hear people say that they wish they could have chosen another surgeon or even a different hospital. But what so many people don’t realise is that every patient has the right to choose where and from whom they receive their treatment.

We’re currently working with one patient, Mike Dicks, who did know his rights and who turned down treatment from a surgeon in Sussex who has since been removed from treating patients.

Mike wasn’t happy with the advice he received from surgeon Marc Lamah and sought a second opinion. He will shortly launch his own podcast on his experience with the surgeon, who was banned from practising privately by Nuffield Health due to patient safety concerns but continued to practise for a period afterwards at the Royal Sussex Hospital.

Switalskis Director and medical negligence expert Chris Gresswell-Green is working with Mike on his podcast and on supporting the growing number of Mr Lamah’s patients who need help. In his latest blog, Chris explains your Right to Choose and why it’s so important you’re happy with the care you receive and the people from whom you receive it.

Understanding Your NHS Right to Choose

When you’re referred for treatment by your GP, it’s important to know that you have a legal right to choose where you receive your NHS care. This includes being able to select from a range of hospitals and specialist providers – even some independent or private organisations that work under an NHS contract.

Below, we’ve answered some of the most common questions about the Right to Choose (RTC) and what it means for you.

What is the NHS Right to Choose?

The Right to Choose is a legal entitlement that allows most NHS patients in England to choose which hospital, service or team they’d like to go to for planned (elective) care.

If your GP, dentist or optometrist decides that you need to see a specialist, you can choose from any provider in England that has a commissioned NHS contract for that service. This includes some private or independent providers who deliver care on behalf of the NHS.

When does the Right to Choose apply?

You can exercise your Right to Choose when:

• You are being referred for a first outpatient appointment for a physical or mental health condition.
• The referral is clinically appropriate and made by your GP, dentist or optometrist.
• The provider has a valid NHS Standard Contract for the service you need.

For example, if you are referred for a neurology appointment, or a diagnostic test, you may be able to choose the provider that best suits you.

Does the Right to Choose apply to mental health services too?

Yes. The Right to Choose applies to both physical and mental health services.

This includes assessment services such as:

• Adult ADHD and ADD assessments
• Autism spectrum disorder (ASD) assessments
• Talking therapies and counselling services, if the provider holds the right NHS contract

Once you’ve chosen your provider, they will usually look after you for the whole episode of care, unless your condition changes significantly or your care returns to your GP.

Can I choose a private provider under the NHS Right to Choose?

Yes – if the private provider:

• Holds an NHS commissioning contract for the service you need, and
• Your referral meets the Right to Choose criteria, and
• Your GP agrees it is clinically appropriate

This means that even though the provider may be a private company, your treatment will still be NHS-funded. You will not be charged if your referral is made under the Right to Choose.

Do I need permission from my local NHS Integrated Care Board (ICB)?

No. You do not need ICB approval before being referred under Right to Choose.

As long as the service and provider meet the NHS conditions, your GP can refer you directly.

Can I self-refer under the Right to Choose?

No. You must be referred by a GP, dentist or optometrist.
However, if your local pharmacist works closely with your GP practice, they may be able to arrange a referral on your GP’s behalf.

Does the Right to Choose apply to treatment as well as referral?

Not exactly. The Right to Choose covers your choice of provider, not the type of treatment you receive.

Once referred, the provider must treat you in line with NICE guidance and the terms of their NHS contract. This ensures you receive safe, evidence-based care, regardless of who provides it.

What if I’ve already started private treatment – can I transfer back to the NHS?

You’re not automatically entitled to switch back to NHS treatment under Right to Choose.

However, you can ask your GP for a new referral to an NHS provider. You’ll usually need to join the NHS waiting list at the same stage as other patients waiting for that service.

Who checks that private providers are safe and meet NHS standards?

All providers delivering NHS care – whether NHS or private – must be regulated by the Care Quality Commission (CQC).

The local Integrated Care Board (ICB) that holds the NHS contract with the provider is also responsible for monitoring quality, safety and performance.

Does Right to Choose apply to all medical conditions?

Yes. The Right to Choose applies to any condition or clinical pathway where the criteria are met – not just ADHD or autism assessments.

Whether you need orthopaedic surgery, a neurological assessment or a mental health referral, you can ask your GP about your Right to Choose options.

Why is knowing about Right to Choose important?

Understanding your Right to Choose helps you:

• Access specialist care faster, especially where waiting times differ between providers.
• Find a service that fits your individual needs, such as offering online consultations or specific expertise.
• Have more control over your care and treatment journey.

At Switalskis, we regularly support clients whose cases involve questions around access to care, delays in diagnosis, and treatment failures. Knowing your rights within the NHS is an important part of protecting your health and ensuring fair treatment.

How can Switalskis help?

If your Right to Choose was ignored, or if delays, misdiagnosis or poor care have caused you harm, our experienced medical negligence solicitors can help.

We can:

• Advise you on your NHS rights
• Investigate whether the standard of your care was negligent
• Support you in claiming compensation if your care fell below expected standards

We act for clients across England and are recognised nationally for our expertise in complex medical negligence cases.

How can I find out if I have a claim?

Every case of medical negligence is different, which is why it’s important to seek advice. At Switalskis, our medical negligence solicitors have helped many people navigate the claims process. In many cases, we can achieve a settlement without going to court.

We’ll make the process as straightforward as possible, so you can focus on your health and recovery.

Speak to our specialist team today on 0800 138 0458 or get in touch through our website . We’ll listen to your story, explain your options, and let you know if you have a claim for compensation.