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 Wednesday, 22 January, 2003, 19:26 GMT
New twist in operation court battle
Yvonne Watts
Yvonne Watts needs two new hips
A High Court judge has ordered an urgent hearing of an elderly woman's challenge to her wait for hip replacement operations.

But the test case legal action could become unnecessary as the medical authorities are reconsidering her case's priority.

Bedford grandmother Yvonne Watts, 72, was told last October she would have to wait up to a year for the operation, despite constant pain.

In the first case of its kind, she and her family launched a legal battle for the right for her to go to France for NHS-funded surgery.

Condition deteriorating

In a new twist on Wednesday Mr Justice Wilson was told there was new evidence that Mrs Watts' condition was deteriorating so rapidly that she could not wait a year for surgery.

He ordered that her condition be reassessed within 14 days so that a fresh decision could be made on whether her operation should be given higher priority.

The judge said that, if her case was still regarded as "routine", her legal challenge, expected to last two-and-a-half days should have a full hearing on 2 April.

Mrs Watts' lawyers are accusing Bedford Primary Care Trust of failing to comply with its obligation under EU law to recommend to the Health Department authorisation of treatment abroad under form E112.

But the Trust says a wait of up to one year does not count as an undue delay under Department of Health guidelines.


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21 Jan 02 | Health
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