Under the Equality Act 2010 the NHS, as a provider of services, is legally required to provide equality in health care regardless of age. This means that an 84-year old patient presenting with a fractured femur, who is stable and fit for surgery, should be offered the same treatment options as a younger patient with the same condition. The same can be said for an elderly patient suffering with cancer, as in the case of Kenneth Warden, which was recently reported by the Daily Mail.
78-year old man told he was too old for treatment
78-year old Kenneth was diagnosed with bladder cancer and was refused surgical treatment and chemotherapy because of his age. Thankfully, he was able to access private treatment with financial support from his family. After having radiotherapy, followed by a radical cystectomy, he was told he was “cured of the cancer”.
Fewer treatment options for elderly patients
In many cases elderly patients find themselves with fewer treatment options, often because of the complexity of the treatment or the potential complications. They might be treated conservatively rather than by way of invasive procedures, which can result in increased pain and suffering as well as a prolonged recovery time, and in some cases can even deprive the patient of the chance to be cured of their symptoms.
How can Graysons help?
Nikki Yavari
We hope that all patients receive the right care and treatment, regardless of their age. We have dealt with a number of cases where elderly patients have been refused the best treatment – despite it being their best chance of a speedy and successful recovery.
If you, or a relative, have suffered as a result of failure to provide the appropriate treatment, our medical negligence experts can help. Please contact one of our team for a free of charge, confidential discussion about your case. Our medical negligence experts, Nikki Yavari and Petra Heath, are Dementia Friends and have expertise in helping elderly and vulnerable clients.
You can find out more about making a medical negligence claim for compensation on our web pages.
By Nikki Yavari, medical negligence solicitor.
