From October, the elderly that face age-discrimination by NHS staff will be given the right to sue.
Elderly patient refused operations, tests or scans which are routinely offered to younger patients will be able to take legal action against NHS Trusts or individual members of staff.
Relatives will also be allowed to go to court and claim compensation if they believe that their loved one had been treated without dignity in hospital.
Swain & Co.’s medical negligence and community care solicitors are pleased with the move as there has been growing evidence that the elderly are being routinely refused treatments for cancer, heart problems and strokes because of their age.
Doctors have even admitted to taking a patients date of birth into account before seeing them. What gives doctors the right to decide when a person it ‘too old’ for access to the NHS service?
It is only fair in a society where age discrimination in the work place is illegal so it should be in the health service. Access to the NHS should not be discriminatory.
Of course there are some exceptions to the rule such as access to IVF treatment as it is less effective in older women, and if an elderly patient is too frail for aggressive treatments such as chemotherapy or high risk operations. However, these new rules will mean that doctors will need to ensure that they see patients rather than formulating a care plan based on their date of birth.
Our medical negligence solicitors say that discrimination based on age in this day and age is unacceptable and are pleased that it looks like it will be treated as a prejudice in the health service similar to race, sex and disabled discrimination.
If the courts find in the favour of a patient or their family, then there could be substantial compensation pay-outs.
Swain & Co.’s community care solicitors are also concerned that patients suffering with dementia are not being treated properly either as many are not even diagnosed properly because doctors view it as an inevitable sign of aging.
Here at Swain & Co. our specialist medical negligence lawyers are experienced in handling cases of claims against NHS Trusts based on medical mistakes, doctor malpractice, challenges to NHS rationing and access to healthcare services.
We get the answers you need and the compensation you deserve. Call the medical negligence team on 0800 0351 999
Community care covers care and treatment that vulnerable adults may be receiving. This included elderly and vulnerable people living in care homes. Swain & Co. can represent the vulnerable adult themselves or members of their families. Swain & Co. also provide assistance with Benefits and Grants, Funding of Care, Disputes and Compensation Claims, and Residential Care.
If you need assistance with Community Care issues, please contact our specialist team on 02380 631111 (Southampton) or 02392 479290 (Havant).
We can also act on a legal aid basis for Southampton, South Hampshire, Portsmouth area and beyond.
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