NHS Patient Rights

RandyRos

Sorry, I've probably put this in the wrong place but I can't find anywhere suitable.

I just want to know if a consultant can legally refuse you an operation you need because of your high BMI?

elsien

Short answer is yes.
Longer answer - is the refusal for valid clinical reasons? This may depend on the procedure in question and the specific risks involved.
There is rationing on the NHS for some procedures, both for obese patients and for smokers. You need to find out what your CCG policy is, and if the reason is purely your BMI, ask what help they will give to help you address that.
You could look at NHS complaints for your area - no idea whether that would make a difference or not.

elsien

http://www.bbc.co.uk/news/health-36101302

RandyRos

Hysterectomy, chronic pain, constant bleeding, anaemia, been going on 8 years, tried everything including an ablation (having it burned out) which actually made it worse. lose 5 stone or no op, even though it can be removed vaginally and I have other medical problems (bipolar, anxiety, ibs, gord, pcos) which make it even harder to lose weight (especially as some pills I'm on make you gain weight). The consultants underling promised to put me on the waiting list in July, she had no problem with it, but the consultant has reviewed it and said no. Have complained to PALS, no joy.

elsien

Pals is a "soft" conflict resolution process.
If you want to look at a proper formal complaint, bypass PALS and use the proper complaints procedure. Your local NHS must give details of an advocacy service who can help you with the process if you wish. This varies, so you'll need to find out who it is for your area.

Have you asked for a second opinion?

RandyRos

No, I haven't asked for a second opinion. How would I go about doing that? I hope it's not GP re-referral cos every time I see mine she moans at me for being fat. I was a healthy 9 stone until I was 19 and got pregnant and seriously ill and then spent 10+ years being bipolar, having and raising 3 kids whilst being told by GPs "you're a woman, you've got kids, it's PND"!
I'm sorry, but I am still angry about being ignored when I needed medical help the most and it's been a struggle with the NHS ever since. I'm sure they have me down as a whinger, but I only go to them as a last resort.

RandyRos

Also, I had my gallbladder out 13 years ago, I was the same weight as I am now and everything went fine. Apart from them making me wait 2 years for the op, whilst passing stones every other day with a baby at home and 2 toddlers.

elsien

http://www.nhs.uk/chq/Pages/910.aspx?CategoryID=68

[Deleted User]

RandyRos wrote: »

No, I haven't asked for a second opinion. How would I go about doing that? I hope it's not GP re-referral cos every time I see mine she moans at me for being fat.

That's the catch 22, you have no control over what information the NHS give to the specialist, or even any right to see it, and therefore no opportunity to challenge it either.

elsien wrote: »

Your local NHS must give details of an advocacy service who can help you with the process if you wish.

Be very careful, they're not independent, so don't say anything to them that you wouldn't say to the NHS.


Here are the NHS Constitution, and the Handbook to the Constitution, but I don't think they're of much help, there's no mention of obesity specifically. It says:

“You have the right to access NHS services. You will not be refused access on unreasonable grounds.”

But defines "unreasonable" as:

"age, disability, race, gender or gender reassignment, sexual orientation, pregnancy and maternity, religion or belief, or marital or civil partnership status"

When it comes to the NHS, you have little power to enforce any "rights" in practice.

DomRavioli

Sounds like your weight is an anaesthetic risk - if you have a high BMI you are more likely to die under anaesthesia than a healthy weight/BMI individual. If they anaesthesiologist won't take the risk, then you don't get it. It may also be because the risk of complications goes up with obesity, and the severity also rises.

Perhaps seek ways to treat the weight issues as much as possible instead of blaming people who only have your overall interests at heart?

Undervalued

RandyRos wrote: »

No, I haven't asked for a second opinion. How would I go about doing that? I hope it's not GP re-referral cos every time I see mine she moans at me for being fat. I was a healthy 9 stone until I was 19 and got pregnant and seriously ill and then spent 10+ years being bipolar, having and raising 3 kids whilst being told by GPs "you're a woman, you've got kids, it's PND"!
I'm sorry, but I am still angry about being ignored when I needed medical help the most and it's been a struggle with the NHS ever since. I'm sure they have me down as a whinger, but I only go to them as a last resort.

Have you ever considered that may be excellent advice?

You say you are angry at "being ignored". Works both ways you know!