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NHS “pressures” resulting in cancer operation cancellations (19 January 2017)

Date: 19/01/2017
Duncan Lewis, Legal News Solicitors, NHS “pressures” resulting in cancer operation cancellations

Doctors in the NHS are concerned about the number of cancelled operations for cancer patients amid “tremendous pressure” facing the NHS this winter.

Ian Eardley, Vice President of the Royal College of Surgeons (RCS), suggested a shortage of beds was one of the causes, adding that these operations are usually protected under treatment time guidelines.

In the meantime, the NHS said it was “pulling out all the stops” to ensure patients receive surgery “as quickly as possible.” A spokesman for NHS England has stated that although there has been a steady increase in the number of operations, more patients were surviving cancer than ever before.

According to guidelines for hospitals in England, cancer patients should be seen within 31 days and receive primary treatment within 62. In November 2016, the latest period for which NHS figures are available, the 62-day target for treatment to start was missed, with only 83.5% of patients being treated within that timeframe.

Mr Eardley has suggested that many hospitals were able to see more than 90% of patients within the specified time period, but in the past year "it has been more difficult to achieve that".

Although cancer operations were cancelled "from time to time", especially during the winter, the RCS has noticed an increasing number of cancellations within the last week. Mr Eardley told the BBC that “there are current pressures - since Christmas in particular - and the number of cancelled operations has been going up."

"The NHS is under tremendous pressure - more and more patients are going to A&E and there is more difficulty in getting patients home, and it's not something we are comfortable with at all.

"If we could get patients home more quickly and effectively, we could carry on with doing surgery more quickly and more effectively."


Mr Eardley further added that solving the shortage of beds would be "the easiest thing to do most quickly, although there are other longer-term problems and there also needs to be a broader review of the NHS."

Often, routine surgery is cancelled during the winter to allow hospitals to keep beds free for the emergency admissions, while cancer treatment always continues with very few exceptions. However, it seems that a number of hospitals have had to postpone cancer operations due to a shortage of beds.

Richard Murray, director of policy at The King's Fund think tank, told the BBC that the cancellations "reflect capacity problems in the NHS".

"There are not enough beds, there are more patients arriving and hospitals are not able to discharge them quickly, particularly for specialisms like orthopaedics," he said.

"You should never cancel operations on the day for non-clinical reasons, but especially for cancer treatment. It causes distress for patients and it's an urgent pathway. Critically, it becomes how quickly you can rebook."


A Freedom of Information request from the BBC's Inside Out programme indicated that, across the UK, the number of cancer operations cancelled on the day of surgery rose from 403 in 2011-12 to 810 in 2015-16. However, only 95 of 205 health boards and trusts in the UK responded to the request, and a figure for the total number of cancer operations performed was therefore not available.

Divya Anand, Clinical Negligence Solicitor at Duncan Lewis states the following, “It is upsetting for many patients to be told last minute that their operation is cancelled, particularly if it relates to cancer. Many patients spend time preparing themselves for such invasive operations and are then told that the procedure is postponed due to a shortage of beds – which can be devastating. In some cases, delay in operating can lead to complications and it is therefore important that hospital trusts continue to ensure procedures for cancer patients are not cancelled for non-clinical reasons.”

Divya Anand is a solicitor in the Clinical Negligence Department at Duncan Lewis. She has experience in a variety of clinical negligence claims, including, but not limited to, orthopaedic claims, amputation claims, birth injury claims and spinal injury claims. Her passion, focus and experience make her an invaluable member of the DL Clinical Negligence team.

Please note that limitation periods apply to clinical negligence claims. Usually there is a three year limitation period that applies from the date of the negligent act. In some instances, it can run from the date you became aware of the negligent act. You must ensure that court proceedings are commenced before the expiry of the limitation period that applies to your case or you will almost certainly lose the right to pursue your claim (as the Court only allows claimants to bring claims after the limitation period expires in very exceptional cases). For expert legal advice on Medical Negligence Claims, call Duncan Lewis clinical negligence solicitors on 0333 772 0409.

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