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NHS spending cap feared to affect cancer and dementia patients (24 March 2017)

Date: 24/03/2017
Duncan Lewis, Legal News Solicitors, NHS spending cap feared to affect cancer and dementia patients

Health chiefs have announced that the NHS in England will be introducing a £20m a year cap on the cost of new drugs in an attempt to save money. The cap is aimed at giving NHS chiefs the opportunity to re-negotiate the prices of drugs with pharmaceutical companies. However, this new measure could lead to delays of up to three years before new drugs are made available. It is reported that the changes could affect one in five new treatments.

The plan has been agreed by the National Institute for Health and Care Excellence (NICE) following mounting pressure on NHS funds. Currently, drugs assessed as cost-effective by NICE are automatically recommended for use by the NHS, and following that, the health service has 90 days to start offering the drugs. However, the cost-effectiveness is based upon individuals, without taking into account how many people use the drug, and thus the total cost to the NHS.

Under the new plan, cheaper, widely used drugs and drugs that are expensive but used by fewer patients, will face a secondary process if they breach the £20mn a year threshold. The caps follow concerns that a breakthrough in fields such as dementia could cost the NHS billions of pounds. Last year alone £16.8bn was spent on drugs by the NHS.

Charities have expressed their objection to the rationing plans and their fears that NHS England will try and restrict access to certain groups of patients, particularly cancer and dementia patients.

Cancer Research UK’s executive director of policy and information Sarah Woolnough has spoken out about how the delays may impact cancer sufferers. She said that the three year delay is unacceptable, and “Cancer patients may lose their lives while they wait.” She continued: “we hope the government will reconsider the introduction of this new test, otherwise it will be patients, their families and carers who would pay the heaviest price.”

The Alzheimer’s Society has expressed horror at the new plans, warning that the changes could be devastating for dementia treatments. The charity highlighted that if a drug were discovered that could help the 680,000 people with dementia in England, it would have to cost less than £30 a year per patient to fall within the cap.

Chief executive of the Association of the British Pharmaceutical Industry said that the medicines “which stand to benefit the most people are caught up in the system.” Cancer and dementia sufferers have been highlighted as patients at risk of these changes.

Rebecca Thomas, Director of Clinical Negligence at Duncan Lewis Solicitors states:

“Although the new arrangement only applies to new drugs and not existing drugs used in the NHS, in the long-term this will reduce the medication available under the NHS with the result that some patients will be denied the most suitable medication for their condition. This of particular concern if one in five new treatments is affected as forecast”.

Rebecca Thomas is a Director of Clinical Negligence at Duncan Lewis. Rebecca has over 20 years’ experience in her field and represents clients in a wide range of cases including claims involving cosmetic and dental negligence, surgical and orthopaedic injuries arising from delay, misdiagnosis or negligent spinal surgery, gastrointestinal and ophthalmic surgery.

Duncan Lewis Clinical Negligence Solicitors

The Duncan Lewis Clinical Negligence team has significant experience acting in a vast array of claims including accident and emergency failures, GP negligence claims, misdiagnosed fractures and other medical conditions and wrongful death claims. They also act for children and adults who have suffered profound and permanent brain, spinal or neurological injuries and associated disabilities as a consequence of failings in medical care in both NHS and private hospitals.

If you have any queries relating to Clinical Negligence or think that you may have a claim, please do not hesitate to contact our team of expert solicitors on 0333 772 0409.

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