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Cancer patient's fight over care Cancer patient's fight over care
(20 minutes later)
A lung cancer patient is taking legal action against a Welsh NHS trust after being refused free treatment.A lung cancer patient is taking legal action against a Welsh NHS trust after being refused free treatment.
Sue Bentley, aged 67, from near Usk, Monmouthshire, paid privately for the drug Avastin and as a resultlost her NHS care, including chemotherapy. Sue Bentley, aged 67, from near Usk, Monmouthshire, paid privately for the drug Avastin and as a result, lost her NHS care, including chemotherapy.
Her solicitor says they are confident of winning if the case goes to court.Her solicitor says they are confident of winning if the case goes to court.
Velindre NHS Trust said it followed assembly government policy preventing patients switching between NHS and private care in a particular treatment.Velindre NHS Trust said it followed assembly government policy preventing patients switching between NHS and private care in a particular treatment.
Ms Bentley was diagnosed with lung cancer just before Christmas 2007 and the disease was found to have spread to her spine.Ms Bentley was diagnosed with lung cancer just before Christmas 2007 and the disease was found to have spread to her spine.
She was originally given just three to 12 months, but then had the "most fantastic treatment" at Velindre Hospital in Cardiff. It's a nasty little cancer and the chances are very high that it will re-grow Sue BentleyShe was originally given just three to 12 months, but then had the "most fantastic treatment" at Velindre Hospital in Cardiff. It's a nasty little cancer and the chances are very high that it will re-grow Sue Bentley
The hospital removed the tumour but Ms Bentley has lost her right to free health care after she decided to pay privately for the drug Avastin, which is not licensed for use on the NHS.The hospital removed the tumour but Ms Bentley has lost her right to free health care after she decided to pay privately for the drug Avastin, which is not licensed for use on the NHS.
"The thing that was really upsetting was having to be taken off the NHS and go private for the chemotherapy which is my entitlement... to have chemotherapy and they withdrew all of that.""The thing that was really upsetting was having to be taken off the NHS and go private for the chemotherapy which is my entitlement... to have chemotherapy and they withdrew all of that."
Ms Bentley had to pay £5,000 before she had any chemotherapy and has another £3,500 bill, and is worried what will happen in the future.Ms Bentley had to pay £5,000 before she had any chemotherapy and has another £3,500 bill, and is worried what will happen in the future.
"It's a nasty little cancer and the chances are very high that it will re-grow, so it's (a matter of) fighting that.""It's a nasty little cancer and the chances are very high that it will re-grow, so it's (a matter of) fighting that."
She said she completely understood she must pay privately for Avastin. There is nothing in law which prohibits a patient from purchasing a drug and having that drug administered as part of their NHS care." Melissa Worth, solicitorShe said she completely understood she must pay privately for Avastin. There is nothing in law which prohibits a patient from purchasing a drug and having that drug administered as part of their NHS care." Melissa Worth, solicitor
"What I can't understand is why the other chemotherapy drugs I had I had to pay for... I had to pay for blood tests, scans, everything and I think it's a pretty raw deal."What I can't understand is why the other chemotherapy drugs I had I had to pay for... I had to pay for blood tests, scans, everything and I think it's a pretty raw deal.
Her solicitor Melissa Worth said: "What we'll be asking the trust to answer at court, if we do get to court, is why they decided to refuse to treat Sue on the NHS just because she elected to privately purchase Avastin.Her solicitor Melissa Worth said: "What we'll be asking the trust to answer at court, if we do get to court, is why they decided to refuse to treat Sue on the NHS just because she elected to privately purchase Avastin.
"There is nothing in law which prohibits a patient from purchasing a drug and having that drug administered as part of their NHS care.""There is nothing in law which prohibits a patient from purchasing a drug and having that drug administered as part of their NHS care."
She said if successful the case could turn NHS funding policy on its head.She said if successful the case could turn NHS funding policy on its head.
"If we are successful in showing the NHS trust are irrational in the decision they made, it follows that other NHS trusts and health boards making that same decision if it were proceed to court would be deemed to be irrational.""If we are successful in showing the NHS trust are irrational in the decision they made, it follows that other NHS trusts and health boards making that same decision if it were proceed to court would be deemed to be irrational."
Velindre NHS Trust does not comment on individual cases but said it was awaiting with interest a review by the Department of Health in EnglandVelindre NHS Trust does not comment on individual cases but said it was awaiting with interest a review by the Department of Health in England
The Welsh Assembly Government said Health Minister Edwina Hart was considering the issue.The Welsh Assembly Government said Health Minister Edwina Hart was considering the issue.
It said the intention was to be as fair as possible to individual patients while at the same time safeguarding the founding principles of the NHS to provide care to everybody regardless of the ability to pay.It said the intention was to be as fair as possible to individual patients while at the same time safeguarding the founding principles of the NHS to provide care to everybody regardless of the ability to pay.