A former police officer is taking his legal battle over a health trust?s
refusal to fund obesity surgery to the Court of Appeal.
Tom Condliff, who weighs 22 stone, says he needs the stomach operation to save
his life.
In what is believed to be the first case of its kind, he is appealing today
against a High Court judge?s refusal of his application for judicial review.
The 62-year-old wants to overturn North Staffordshire PCT?s decision not to
fund a gastric bypass operation.
Mr Condliff argues the ?irrational? decision violated his rights under the
Human Rights Act and also breached the trust?s own funding policy.
In the High Court last April, Judge Waksman said he had ?considerable
sympathy? for Mr Condliff but his claim must fail.
The judge said it was still open to Mr Condliff to make a further funding
request ?if thought appropriate?.
Mr Condliff, a grandfather from Talke, Staffordshire, became obese because of
the drugs he has taken to treat long-term diabetes.
He says he would rather avoid the ?very unpleasant? surgery, involving
removing part of his intestine and stomach, but without it his life is in
danger.
He suffers from 13 illnesses, takes 28 different drugs and uses breathing
masks and inhalers.
His weight has spiralled out of control in recent years as a result of
medication.
Specialists have told him a gastric bypass operation would not only help him
shed pounds but could also control his diabetes, leading to other ailments
fading away.
The High Court was told that, at 6ft 2ins, he weighed 22 stone (139 kg)and had
a BMI (body mass index) of 43kg/m2 (6.7 stone/m2) ? not high enough to
qualify for surgery where he lives, although it would in the area of a
neighbouring trust.
Judge Waksman said Mr Condliff had tried non-surgical interventions including
dietary, lifestyle changes and drugs.
All were unsuccessful and he became obese with a body mass index (BMI) of more
than 40, his other problems including renal complications, hypertension and
sleep apnoea.
The judge said everyone agreed gastric bypass surgery was ?clinically
appropriate? for him.
But North Staffordshire PCT provided routine surgery only for those with a BMI
of more than 50.
Supported by his GP and specialists treating him, Mr Condliff applied for
funding in February last year on the grounds that his case was ?exceptional?.
The request was rejected. A second request was made, accompanied by evidence
that Mr Condliff?s physical and mental condition was deteriorating and he
now had to use a wheelchair.
He was housebound, could no longer attend church and he was becoming depressed
and withdrawn.
Judge Waksman said Mr Condliff?s GP pointed out that if he were in the Stoke
PCT area, he would have qualified for surgery as he had a BMI of more than
35, Stoke?s lower threshold for surgery.
But the second request for treatment was also rejected and Mr Condliff was
told that ?non-clinical social factors? could not be taken into account.
The judge said it was argued on Mr Condliff?s behalf that the PCT decision
breached his right to respect for his private and family life under Article
8 of the European Convention on Human Rights.
Dismissing his claim, the judge ruled his Article 8 rights had not been
violated, nor were his rights to a fair hearing under Article 6 (1).
Today, Mr Condliff will ask Lord Justice Maurice Kay, who is vice president of
the Appeal Court?s civil division, Lady Justice Hallett and Lord Justice
Toulson to overturn the High Court ruling.
Article source: http://www.independent.co.uk/life-style/health-and-families/health-news/man-takes-health-trust-to-court-over-obesity-surgery-2311830.html
wheels wheels eec arbonne 311 glenn beck leaving fox hugo chavez
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.