Obesity surgery man loses court fight against PCT

A grandfather has lost his High Court battle over a health trust's refusal to fund obesity surgery.

Ex-police officer Tom Condliff, 62, who weighs 22 stone (139kg), says he needs the stomach operation to save his life.

He took North Staffordshire PCT to court on grounds that a refusal to fund a gastric bypass operation violated his rights under the Human Rights Act.

But a judge sitting at London's High Court rejected the Staffordshire man's bid for judicial review on Thursday.



Has common sense prevailed or is this social injustice?

 

If you only know the outline of this story I can understand if you feel that this man is just a greedy git, and the fact that he is going to die is because of the huge amount of food he shovels in to his mouth. However dig a bit deeper and this is a man who has 13 diagnosed illnesses and takes 28 separate pills on prescription. One of the drugs he is prescribed has a side affect of slowing down the bodies metabolism. It's a form of treatment for diabetes and have seen first hand the effect it can have on my grandad who gained nearly 5 stone in his final years.

 

This is an old man, with a history of heart problems. What he can do to lose weight and what he can do to increase his quality of life is very limited.

 

However when you consider a case in 2010, when a unemployed mother of 3 successfully went to court and overturned a similar decision about a gastric band, something is amiss? Wouldn't you agree?

 

The woman in question sought a judicial review, which often involves human rights issues and planning decisions, after she was refused the operation by her local primary care trust (PCT).

The 40-year-old was denied the life-saving treatment despite her weight ballooning to nearly 16 stone and reaching a size 20.

The divorcee had already had one operation in September 2001 and saw her weight plummet from 17-and-a-half stone to 10 stone, making her a size 12.

So not only did she over turn the decision, it turns out to be the second Gastric operation she'd have recieved completely free of charge on the NHS.

 

So on one hand we have an old man who has served is community and payed his taxes all his life who needs a life saving operation and is being villafied and on the other an unemployed mother of 3 who has already has one previous grastric band operation having the PCT's medical opinion and decision being over turned?

 

Tell me whats right? Tell me who should have the operation?

 

Was the differance purely down to the lawyer? the judge? Surely medical opinion hold more sway in a medical decision than that of a judge who more likely or not has led a sheltered privledged life making a mockery and interpretting the laws of the state how ever they wish?

 

 

Views: 32

Reply to This

Replies to This Discussion

Distressing but in this age of austerity the government are looking for ways to cut the budget. Also as you pointed out he has been diagnosed with 13 illnesses , is it worth him having the gastric bypass if he is only going to cop it a few years later? I know it sounds harsh but they have to take into consideration on whether or not it would be a worthy cause similar to other operations like hip replacements and so on
but isn;t he worthy of the treatment? considering the worth of the woman who had already had a gastric band and then once it was removed started abusing her bodt again expecting the tax payer to save her again....
I dont know about the ex copper but mental illness must play a part in a lot of the morbidly obese cases.Issues around self esteem and self harm.Its pretty difficult to get to some of the sizez they do without this being the case.Even if you laid on the couch for the length of next years Euro-championships swigging Budvar and shovelling crisps down your mush you wouldnt get close to what its like for some obese people.If your supporting England of course self harm and low self esteem will come into it but I digress.Arf.

RSS

START A DISCUSSION

© 2018   Created by SPORT WITNESS.   Powered by

Badges  |  Report an Issue  |  Terms of Service