Archive for November, 2009

NICE reject Avastin

Wednesday, November 25th, 2009

The National Institute for Clinical Excellence (NICE) has rejected yet another life saving drug which will now not be available to patients on the NHS.

Coming less than a week after NICE refused the Liver Cancer drug Nexavar, NICE have now confirmed they will not fund Avastin used in the treatment of Metacystic Bowel Cancer, that is where the disease has spread around the body.

Avastin costs about £1,800 per month and has been shown to shrink tumours in 78% of patients when used in conjunction with chemotherapy and Oxaliplatin.  If Avastin were licensed for use on the NHS it could potentially extend the lives of around 6000 patients per year.  The UK is now virtually the only country in the developed world not to provide Avastin for Bowel Cancer free to patients in the state healthcare system.  The drug which is available in countries such as Australia, Canada and most of Europe does not fit NICE’s “quality adjusted life year” (QALY) as the drug is still too expensive.

The producer of Avastin, Roche, is still in talks with NICE over access to the drug.  Roche have set up a Patient Access Scheme which will reduce the cost of Avastin by capping its costs at 12 months and offer free Oxaliplantin.

On a personal note, I have acted for a 26 year old patient who suffered from terminal Metacystic Bowel Cancer.  The Primary Care Trust in question refused to fund Avastin as it had not been approved by NICE and the PCT refused to treat the patient as “exceptional”.  Avastin, which has been shown to typically increase survival from 19.9 months to 21.3 months was not given in this case and unfortunately the patient died before we were able to take the case to the High Court.

It seems that NICE are taking a harder line on the licensing of new treatments for rarer Cancers which has the direct side effect of bringing more agony and heartache to patients and their families.

NHS Trusts encouraged to apologise

Friday, November 20th, 2009

The National Patient Safety Association has encouraged NHS Trusts to apologise to patients once errors have been made, which they say may reduce the number of complaints and indeed litigation.

Clearly, if someone has been injured due to negligent care, it is only right that they are compensated for their injuries. However, the vast majority of clients I speak to all have one thing in common: they are motivated to bring a claim, not through a desire for compensation, but because they want answers as to what went wrong, and a recognition of this from the healthcare provider. More recently, in cases I have been dealing with, the Trusts do seem willing to offer an apology where liability has been admitted. This can frequently be of some comfort for a patient; it’s as if their concerns have been vindicated, the Trust has recognised that errors were made, and it has been taken on board that lessons can be learned.

NICE Deny Liver Cancer Patients Life Prolonging Drug

Thursday, November 19th, 2009

The National Institute for Clinical Excellence (NICE) will not fund the Liver Cancer Drug Nexavar (also called sorafenib).  About 3000 patients a year suffer from terminal Liver Cancer of which around 700 could be treated with Nexavar. Liver Cancer has a very poor prognosis generally, with the time from diagnosis to death often being as short as 8 months.

Nexavar costs about £3000 per month to fund although the makers of the drug, Bayer, have offered to reduce this cost by 25%.  The average Liver Cancer patient who would have been eligible for treatment with Nexavar would have lived on average 2.8 months longer although Nexavar has been shown to extend life in some patients by up to 1 year.

NICE have chosen not to fund Nexavar on the grounds that it is too expensive and not value for money as it does not extend life long enough.  Last year, NICE changed its own guidance on drugs for rare Cancers and promised to give extra weight to the so called “end of life” criteria which would have brought the UK into line with most European countries. It appears that despite this new weighting Nexavar still will not qualify for funding.

Treating the 700 patients who would have been eligible to take Nexavar per year would cost around £7.7 million, to put that into perspective, the NHS budget for this year was over £104 billion.

NICE’s decision is still under review and the final guidance will not be given until January 2010.

CPS Prosecute NHS Trust

Wednesday, November 18th, 2009

The Crown Prosecution Service has summonsed a Hospital Trust to Magistrates Court after the death of Mayra Cabrera.

Mayra, a 30 year old Theatre Nurse originally from the Philippines died on 11 May 2004 shortly after giving birth to her son Zac at the Great Western Hospistal in Swindon.

The Coroner, Mr David Masters deemed Mayra’s death to be unlawful. The Coroner also made a number of recommendations including improving the appraisals system for Midwifes as well as better drug labelling.

It was found that Mayra died of a heart attack when a drug, Bupivacaine which should have been administered through epidural but was in fact injected into her arm.

The Trust claims that they have made a significant number of improvements since the incident in the maternity department.

It is unusual for the Crown Prosecution Service to take such serious measures against a Primary Care Trust but the Health and Safety Executive who are assisting in the prosecution now seem to be more willing to bring criminal prosecutions as I have previously blogged.

Nurses to have graduate training

Thursday, November 12th, 2009

I read in the news today that the Department of Health has announced plans to revise the entry requirements for nurses entering the profession. From 2013, it is anticipated that nurses will have had to undergo three years training to a degree level. The plans have been announced to cope with the increasing complex demands of patients, say the Government.

The proposals have found wide-ranging support, not least from the Royal College of Nursing.

This has to be a welcome move. Better training equates to more experienced staff, which in turn has to be better for risk management. As medicine develops and our knowledge grows, so do of course a patient’s expectations and with sub-specialties evolving and developing, it seems only fitting that the nursing profession (which is of course of paramount importance to the NHS), is equipped to develop with it.

I was discussing a case recently with a Colorectal Surgeon, who indicated to me that about 20 years ago that title didn’t exist in the capacity as it does now; you were simply a General Surgeon, but obviously as individuals become more skilled, due to advances in knowledge, these niche areas arise. It seems only right that the nursing profession is not left behind.

Government to Introduce Legal Rights to Private Health Care

Tuesday, November 10th, 2009

As I have previously blogged the Government will today allow patients to opt to switch to private health care if the NHS cannot provide them with treatment within 18 weeks of referral (and two weeks in cancer cases).  It is expected that the Health Secretary will today announce plans to introduce a legal right that will empower patients to enforce rights which in theory they have had since 1997 when waiting list targets were introduced.

The British Medical Association has voices its concerns about the new legal rights saying that it is concerned that more NHS work going to private providers will have a destabilising effect on NHS services.

The Tories have also expressed concern over the new announcement saying that they would scrap the 18 week target referring to concentrate on outcomes rather than the processes.  It is also note worthy that the new regime is unlikely to come into place before the next general election.

Health MOT on NHS

Tuesday, November 10th, 2009

The Health Secretary, Andy Burnham is expected to announce today that everybody between the ages of 40 to 74 will have the legal right to a 5 yearly NHS health check which will assess their risk of heart disease, diabetes, strokes and kidney disease.

However, this is unlikely to be brought into law until 2012 and the legislation required to enforce this new right is unlikely to be passed before the next general election. It is not yet known whether the Conservatives will back the new health care MOT policy.

Massive increase in cycling deaths

Friday, November 6th, 2009

The number of cyclists who were killed and injured on Britains’s roads has seen a steep rise this year. Between April and June 2009 a total of 820 cyclists were killed which represents a 19% rise on the same period last year. There has also been a rise in the number of people injured according to the Department of Transport.

It is incredible to think that a cyclist is 20 times more likely to be killed on an urban road than a passenger in a car.

Statistically, women are more likely to be victims of a fatal cycle accident even though they make up less than one third of those undertaking cycling journeys.

Motorcycle casualties have also risen this year by around 5%.

Commentators predict that the reason for the increase in cycling can be put down to the reasonably good summer and the recession which has encouraged more and more people to ditch the car for a bike.

Cycling groups should move quickly to remind cyclists to where helmets and be seen, particularly as we now move into winter and those cycling to and from work do so in the dark but also must remind motorists to be extra vigilant around cyclists.

The number of overall road deaths actually decreased from between April to June from 580 last year to 572 over the same period. The number of those seriously injured also fell by 3% to £6590.

NHS To Pay for Private Treatment

Tuesday, November 3rd, 2009

The Government will announce new legislation in the Queen’s speech on 18 November which will mean that if the NHS cannot provide treatment within 18 weeks the patient will have the right to receive the treatment privately at no cost to the patient.

The proposals will also include a maximum wait of 2 weeks for any patient referred to a consultant oncologist by their GP. If the NHS are unable to achieve this then the patient will be entitled to be seen privately.