![]() |
| If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. |
|
|||||||
| uk.legal.moderated (Legal Topics Relevant To UK Law - Moderated) (uk.legal.moderated) To enable contributors who have genuine legal problems to ask for practical advice from other people (lawyers or laymen) who have had to deal with similar problems in the past. Advertising is forbidden. |
|
|
Thread Tools | Display Modes |
|
#11
|
|||
|
|||
|
Steve Walker wrote: bealoid wrote: I see that I haven't been clear enough, so here's an example: Fred self harms.The A&E doctor tells Fred that Fred has caused some damage that requires surgery. snipped for brevity The surgeon turns up and says something along the lines of "You've done this before, you'll do it again, there's no point giving you the surgery" and chooses not to do the operation. OK - Here's another example : A very good example, but there's a big difference between something that's a feature of a complex illness, that's addictive and impulsive etc, and tattoos. There's also a difference between the outcomes; having a tattoo doesn't physically stop you doing anything. Not being able to move your (for example) little finger does. There's another difference: Choose and Book means that Fred can go to his GP and ask to see a number of local surgeons. |
|
#12
|
|||
|
|||
|
Stuart A. Bronstein wrote: I don't think it's a matter of simply refusing to give care when someone has contributed to his condition. But there is not an unlimited budget for health care, and there are not an unlimited number of organ donors. When resources are scarce and the doctors must make choices, that is one way they make them. From a legal standpoint you have to ask if this kind of discrimination is made on a rational basis and not arbitrary. And while I don't advocate withholding medical care from anyone in need, I think the answer has to be yes, this kind of decision is rational, reasonable and as a result legal. See my other posts for some clearing up of the alcoholic/smoking thing. The real world example did feel as if the surgeon was 'punishing' the patient for past behaviour, refusing to give care because the patient has contributed to their health problems, and leaving the patient with permanent physical disability that'll be harder (and more expensive) to treat - but that will be treated by someone else, on the NHS, thanks to Choose and Book. The real world example felt very arbitrary; the surgeon made no attempt to find out what the mental health of the patient was currently, or when the last time the patient had self harmed (before this incident) was, or if there was any reason why the patient had self harmed on this occasion. Would this surgeon have applied the same criteria to, for example, a rugby player? I very much doubt it. |
|
#13
|
|||
|
|||
|
On Jan 7, 7:55 pm, (Andrew Cook) wrote: Terry W. wrote: But, of course, any surgeon (or any other doctor) must take all possible actions to save the life of a person in his/her care.There is no such requirement. The doctor must exercise his clinical judgement. If that judgement is the patient is better off dead, there is no requirement to act. Can you please be more specific? This sounds highly tendentious. See this website http://www.ethox.org.uk/Ethics/eendlife.htm ("Ethical Issues/End of Life Issues") "Sanctity of Life Doctrine The argument underpinning this doctrine is that all human life has worth and therefore it is wrong to take steps to end a person's life, directly or indirectly, no matter what the quality of that life." "A duty to act in the patient's best interest (Beneficence) The duty of beneficence, that is to act in a way that benefits the patient, is an important ethical principle in health care. In treatment decisions at the end of life the dilemma often revolves around what course of action will be in the patient's best interests. It is difficult to see how death can be a benefit or in the patient's interests, but in some circumstances, if existing quality of life is so poor, or treatment is very burdensome, then the balance of harms and benefits may suggest that continuing treatment is not a benefit to the patient." Resource issues are clearly a fact of life, but I don't think that doctors are supposed to take that in to account when dealing with individual patients. Nick |
|
#14
|
|||
|
|||
|
bealoid wrote:
The real world example did feel as if the surgeon was 'punishing' the patient for past behaviour, refusing to give care because the patient has contributed to their health problems, and leaving the patient with permanent physical disability that'll be harder (and more expensive) to treat - but that will be treated by someone else, on the NHS, thanks to Choose and Book. Perhaps the other surgeon who agreed to treatment had more resources available at that time, so was less restricted on what cases he could offer treatment to. The real world example felt very arbitrary; the surgeon made no attempt to find out what the mental health of the patient was currently, or when the last time the patient had self harmed (before this incident) was, or if there was any reason why the patient had self harmed on this occasion. Would this surgeon have applied the same criteria to, for example, a rugby player? I very much doubt it. I don't really think a rugby player is in the same category as a self-harmer. A person chooses to participate in a physical pursuit hoping that they don't suffer accidental injuries as a consequence (and most of the time they probably don't), whereas a self-harmer occasionally pursues actions that are explicitly intended to bring them, well, harm. Overall, though, it's obvious that there are limited resources for the NHS and this will vary from area to area. As indicated elsewhere in this thread, if a health professional determines that the resources to hand are better spent on another case (or cases) then I imagine he/she would be remiss for not acting on that belief. Although that's obviously not a satisfactory position, I don't really see much of an option during a time when the NHS is so cash-strapped. Styx |
|
#15
|
|||
|
|||
|
Styx wrote: [snip] Perhaps the other surgeon who agreed to treatment had more resources available at that time, so was less restricted on what cases he could offer treatment to. Remember that other doctors and medical staff in the same hospital thought the surgery was needed. "Fred" was admitted to the ward and prepped to the point of having marker pen lines drawn on him. The surgeon made no mention of cost; he just said "You've done it before, you'll do it again". He made no effort to see how long the person had gone without self-harm, or whether there had been some unusual trigger. [snip] Would this surgeon have applied the same criteria to, for example, a rugby player? I very much doubt it. I don't really think a rugby player is in the same category as a self-harmer. A person chooses to participate in a physical pursuit hoping that they don't suffer accidental injuries as a consequence (and most of the time they probably don't), I accept that there are differences, but what about the person who keeps getting injured after playing rugby? (If someone can provide a better 'similar case' I'd be grateful.) [snip} |
|
#16
|
|||
|
|||
|
Nick wrote:
Resource issues are clearly a fact of life, but I don't think that doctors are supposed to take that in to account when dealing with individual patients. That is exactly what a waiting list is, resources allocated to individual patients. Prior to Noo Labour making things worse, a patient with great need would be placed higher in the list than one with lesser need. I suspect it is more difficult to do that now. -- Old Codger e-mail use reply to field What matters in politics is not what happens, but what you can make people believe has happened. [Janet Daley 27/8/2003] |
|
#17
|
|||
|
|||
|
bealoid wrote:
There's another difference: Choose and Book means that Fred can go to his GP and ask to see a number of local surgeons. Ask to see *one* of a number of surgeons at a maximum of four pre determined hospitals. If the waiting list at the selected hospital is greater than, I think, 12 weeks they can refuse the referral and the whole process has to start again with a different surgeon at a different hospital. Prior to 1997 a doctor could refer a patient to *any* NHS hospital and that hospital *had* to accept the referral. -- Old Codger e-mail use reply to field What matters in politics is not what happens, but what you can make people believe has happened. [Janet Daley 27/8/2003] |
|
#18
|
|||
|
|||
|
On Jan 8, 5:05 pm, Old Codger wrote: Nick wrote: Resource issues are clearly a fact of life, but I don't think that doctors are supposed to take that in to account when dealing with individual patients.That is exactly what a waiting list is, resources allocated to individual patients. Prior to Noo Labour making things worse, a patient with great need would be placed higher in the list than one with lesser need. I suspect it is more difficult to do that now. Not necessarily. I work on a contract basis for the NHS though not currently. A number of the Freedom of Information requests that we received and which I was responsible for managing dealt with my PCT's commissioning policy for particular treatments. I think it in the general discussion about these sorts of things this is known as the "postcode lottery" ie depending on where you live certain treatments or medication is/is not made available. So if the policy of the PCT is not to provide this treatment their GP's will not be able to put forward their patients for this particular treatment or prescribe that particular drug. In a few high profile cases, Trusts have been taken to court over this. See possibly http://society.guardian.co.uk/nhsper...395004,00.html (although this is from 2000) Nick |
|
#19
|
|||
|
|||
|
On Jan 8, 9:30 am, "bealoid" wrote: Steve Walker wrote: bealoid wrote: I see that I haven't been clear enough, so here's an example: Fred self harms.The A&E doctor tells Fred that Fred has caused some damage that requires surgery. snipped for brevity The surgeon turns up and says something along the lines of "You've done this before, you'll do it again, there's no point giving you the surgery" and chooses not to do the operation. OK - Here's another example :A very good example, but there's a big difference between something that's a feature of a complex illness, that's addictive and impulsive etc, and tattoos. There's also a difference between the outcomes; having a tattoo doesn't physically stop you doing anything. Not being able to move your (for example) little finger does. There's another difference: Choose and Book means that Fred can go to his GP and ask to see a number of local surgeons. I would also like to comment on Choose and Book - leaving aside mental health issues. I worked closely with a C & B coordinator when I worked for one PCT. I was therefore rather surprised to read the suggestion in this week's Private Eye that a 78-year-old man was left by his doctor to make his own appointment using his own PC - for some therapy, I think. According to http://www.chooseandbook.nhs.uk/patients/how/booking One of the methods is: "book your appointment with your GP or a member of the practice team" The fault was clearly with the GP for sending him home to make the appointment rather than making the appt for the patient at the surgery - in fact, one of the points he made was that he didn't know anything about the myriad options offered him - well, that is what the GP is supposed to do with the patient. The writer of the Eye column is, I believe, Dr Phil Hammond and it was clearly easier to blame the NHS than his own GP colleague. Nick |
|
#20
|
|||
|
|||
|
Nick wrote:
On Jan 8, 9:30 am, "bealoid" wrote: Steve Walker wrote: bealoid wrote: I see that I haven't been clear enough, so here's an example: Fred self harms.The A&E doctor tells Fred that Fred has caused some damage that requires surgery. snipped for brevity The surgeon turns up and says something along the lines of "You've done this before, you'll do it again, there's no point giving you the surgery" and chooses not to do the operation. OK - Here's another example :A very good example, but there's a big difference between something that's a feature of a complex illness, that's addictive and impulsive etc, and tattoos. There's also a difference between the outcomes; having a tattoo doesn't physically stop you doing anything. Not being able to move your (for example) little finger does. There's another difference: Choose and Book means that Fred can go to his GP and ask to see a number of local surgeons. I would also like to comment on Choose and Book - leaving aside mental health issues. I worked closely with a C & B coordinator when I worked for one PCT. I was therefore rather surprised to read the suggestion in this week's Private Eye that a 78-year-old man was left by his doctor to make his own appointment using his own PC - for some therapy, I think. According to http://www.chooseandbook.nhs.uk/patients/how/booking One of the methods is: "book your appointment with your GP or a member of the practice team" The fault was clearly with the GP for sending him home to make the appointment rather than making the appt for the patient at the surgery - in fact, one of the points he made was that he didn't know anything about the myriad options offered him - well, that is what the GP is supposed to do with the patient. The writer of the Eye column is, I believe, Dr Phil Hammond and it was clearly easier to blame the NHS than his own GP colleague. If you read NHS Blog Doctor you would have noticed that he also believes the patient has to make the actual booking. All the emphasis appears to be on the patient having choice (actually less choice than before Noo Labour) and therefore actually making the booking. Even the option you reference says "book your appointment with your GP or a member of the practice team". The clear inference is that it is still the patients responsibility to make the booking. I also note that that that site makes no reference to the possibility of the hospital refusing the booking, which can happen. -- Old Codger e-mail use reply to field What matters in politics is not what happens, but what you can make people believe has happened. [Janet Daley 27/8/2003] |
| Thread Tools | |
| Display Modes | |
|
|