Sarah-Kate Templeton, Health Editor
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CANCER patients have launched a legal action to prevent the NHS from withdrawing care if they seek to improve their chances of recovery by paying privately for an additional drug.
The patients say the NHS will be breaching their human rights if it withdraws the treatment they are receiving.
Two of the patients, Colette Mills, 58, a former nurse from near Stokesley, North Yorkshire, and Debbie Hirst, 56, from St Ives, Cornwall, who both have breast cancer, have been told they will be made to foot the entire £10,000 monthly bill for their care if they attempt to pay privately for an additional drug, Avastin.
Ministers claim that to allow patients to pay for top-up drugs would be unfair to those who cannot afford them and lead to a two-tier NHS. The health department has issued guidance to NHS trusts warning that such co-payments are not allowed.
However, the patients’ solicitor, Melissa Worth of the Manchester law firm Halliwells, said NHS trusts would be breaching several articles of the 1998 Human Rights Act if they withdrew chemotherapy treatment. Worth also argued that in withdrawing treatment NHS trusts would undermine the National Health Service Act of 1977.
She said: “In light of the indisputable obligations of the trusts to provide life-sustaining treatment when there is a known, real and immediate risk to life, there is no legal justification for the trust threatening to withdraw all free treatment should our clients wish to maximise their chances of survival by complementing the treatment they are receiving by receiving Avastin.”
NHS chief executives, the Patients Association, Doctors for Reform and Saga, the organisation for the overfifties, have all backed Mills and Hirst since The Sunday Times highlighted their plight last month.
This weekend they were joined by one of Britain’s leading breast cancer consultants. Professor Ian Smith, head of the breast cancer unit at the Royal Marsden NHS Foundation Trust, said: “I am very sympathetic to the case of these patients. We are looking after patients with life-threaten-ing diseases and it is difficult enough telling them they cannot get the drug on the NHS without needing to then say: ‘Even if you are prepared to pay for it, you still cannot have it.’ This creates a very emotionally fraught situation and seems very harsh.”
Politicians have also pledged to campaign for a change in policy. John Baron, a Conservative MP and former shadow health minister, said: “It is absolutely wrong for the NHS not to allow tax-paying patients to top up their treatment if they so wish. Why shouldn’t patients make that extra payment for a drug that could be life-saving? This is unfair and the government should be ashamed.”
The health department said: “It is a fundamental principle of the NHS, supported by all the main political parties, that treatment should be free at the point of need. Co-payments would undermine this.”
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There's no logic this. Pay for IVF and the NHS will still deliver your baby. Pay for contact lenses instead of glasses, and the NHS optician will still examine your eyes. But pay for the drug that your NHS oncologist says you need, you get told no more treatment.
Vicki Hollett, Philadelphia, USA
Hi I am in exactly the same situation.I have Primary liver cancer.I am inoperable and my oncologist wants to treat me with Sorafenib. It is the ONLY option to extend my life . My PCT have twice refused to fund it ( about 30k Pa).If I want to fund it myself I am told I will be opting out of the NHS.
Barry Humphrey, North Walsham, Norfolk
This government are sentencing me to early death unless I opt out and go privately. I provided for my retirement but will now have to spend it on cancer treatment the NHS wont fund. I have investigated this and really it is all down to money and PCTs not wanting to spend it.
With government appro.
Barry Humphrey, North Walsham, Norfolk
The NHS ethos "that treatment should be free at the point of need" falls down when they will not provide the treatment to those at the point of need, forcing them to look at co-payment, or own funding if they want to extend their lives. It is MORALLY WRONG and unjust.
Not a socialist idiom
Barry Humphrey, North Walsham, Norfolk
Why shouldnt we pay for any "extra" treatment? If we have money it is because we worked for it and are entiled to spend it as we wish. Why the big brother attitude of fairness? Why should all suffer for the few as usual who have spent their earning on other things and have ensured that "the state must now keep them". Isnt that a selfish attitude? Having cancer isnt selfish and I bet the people who created this silly philosophy havent got cancer. If they eventually get it, as some must, I wonder if they will turn to private treatment to help save their lives!!!!!!!!! How on earth can it become a two tier system for those who have plenty of money will be private patients anyway. Are we not talking about those who will now sell or mortgage their homes or use their savings to continue their lives as best thay can. Start the clinical trials for STX140 and forge ahead with that potential wonder drug. It could save millions of lives. What a government we have!!!!!!
Mike Harding, Gloucester, United Kingdom
Cancer patients should be allowed to spend their OWN money exactly as they choose.
Some have more money than others? Correct!
Not fair? Life's not fair! Getting breast cancer is extremely not fair!
Not fair on the rest who don't have so much money?
That's the NHS's and the Government's problem.
Individuals should not be penalised because the NHS prefers to spend its money on admin (hands up who has ever had a letter asking if we still want that operation?), IVF (do we REALLY need more people in this country?) and inflating GP's (QALY points) salaries -to name but a few - rather than saving the lives of the people who FUND it.
Sarah, Carcassonne, France
"Ministers say ",what ministers and what do they say?Stick a microphone under their noses and get them to spell it out.
Let us have names and faces to these creeps who would rather these ladies went to a corner and died quietly.
If the Minister or the minister's wife had cancer all bets would be off.They,senior civil servants and most doctors now have private healthcare just as their children go to fee paying schools.
We already, as we should ,have a two-tier system for those that can afford the cost of private medicene and schooling.
It's not that the state should exist for us,rather than us for the state,that went out the window many years ago, but the sheer bloody hypocracy.
robert everitt, wolverhampton,
Dec '07: diagnosed with advanced colorectal cancer. Cetuximab is approved for use in most (if not all) other industrialised countries *except * for the UK, which ironically performed and led the trials (paid for by the UK taxpayer). Cetuximab has been proven (by the trials paid for by us) to improve both quality of life, and in some cases, potentially lead to a cure for secondary mets in the liver by as much as 23-24% (see medicalnewstoday.com). NICE (national institute for clinical excellence) have refused to approve this drug for NHS patients within the UK purely on the grounds of cost. Should I wish to either improve my quality of life, or attempt to increase my chances of survival of this killer, I have to 'go private' and pay for *ALL* of my chemotherapy myself, I am disgusted that at 39 years of age I have been condemned to death by this Government/Country and its penny-pinching philosophy - and all this from someone who has a brother who works as a cancer manager in the NHS!!!!!
David Willson, St Albans, Herts
Well, I thought this was new labour in charge now. What sort of crazy retrograde message does this send out. ...' All must be equal regardless of whether that equalty is below acceptable standards and you could increase your risk of dying.'
So the next thing is that if you drive to the rail station you should not be allowed to use public transport. You should walk there like everyone else, or use your car for the entire journey so everyone is equal.
If an individual is willing to supplement and some might say subsidise their N.H.S. treatment, for which let us not forget, they have paid into all their lives it seems a no brainer that they should be encouraged of they feel that an extra treatment or medication would be beneficial or extend their lives.
At the moment If you have no house or savings the state will pay for all your nursing home care and give you pocket money. f you have a house or have saved some money up, it will all be confiscated to pay nursing home fees.
Diddly Do, Liverpool,