Elderly denied NHS care ‘can sue’

Wellbeing and dignity must be upheld
12 June 2012 Last updated at 11:53

By Michelle Roberts Health editor, BBC News online

Age discrimination by NHS hospitals is to be outlawed, ministers have announced.

From October, elderly patients will have the right to sue if they have been denied care based on age alone, says Care Minister Paul Burstow.

This will not mean patients can demand any treatment they want. Care decisions will still be judged according to clinical need by doctors.

But NHS staff will have a legal duty to consider wellbeing and dignity.

“Start Quote

It sends a clear message to service providers that discrimination law will in future also protect older people”

End Quote Michelle Mitchell Age UK

The decision, which applies to hospitals in England, Wales and Scotland, follows a consultation exercise on the issue by the Home Office.

The charity Age UK said it was long overdue but good news.

Equal rightsAge discrimination in the workplace is already unlawful, but until now there was no equivalent legal requirement on public and private services.

This has led to inconsistent practices and unfair treatment, with the needs of older people in particular being ignored, the government says.

An investigation by The King’s Fund recently found treatable conditions such as incontinence and depression were sometimes ignored in older patients.

The ban means:

  • Chronological age alone will no longer be a barrier to treatment
  • Clinical decisions should be based on clinical need and how fit someone is regardless of age
  • There is an onus to consider the wellbeing and dignity of older people

Last year the Health Service Ombudsman accused the NHS of failing to meet “even the most basic standards of care” for the over-65s in England.

Mr Burstow said: “I have heard numerous stories from people who feel that they have been discriminated against.

“One 84-year-old lady told how her doctor had been treating her for angina for years.

“Two years ago, she had an appointment to have an operation on a bunion on her big toe. However, because of the angina, they sent her for a heart scan.

“They found that it was not angina, but actually a leaky valve. She asked if she could have this fixed and the doctors said: ‘What are you bothered about, at your age?’

“I am pleased to say she stuck to her guns and said she wanted the job done. At long last, she has managed to get an appointment but the whole experience made her feel pushed aside.

“This is exactly the kind of discrimination we want to rule out in the NHS.”

There will be specific exceptions from the new law, for example insurance companies will still be able to use age when assessing risk and deciding prices.

Michelle Mitchell, charity director general of Age UK, said: “We hope the new law which will apply to the NHS, social care and other services will prevent older people being denied proper treatment because of their age.

“It sends a clear message to service providers that discrimination law will in future also protect older people.”


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