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Last updated on February 12, 2012 at 16:49 EST

Hospitals Told They Can Withhold Care From Old

May 5, 2005

DOCTORS were today told they can discriminate against the elderly.

Controversial new NHS guidelines say hospitals must consider whether a person is too old to reap the benefits of care.

The advice raises the spectre of health rationing, allowing doctors to decide that it is “not worth it” to treat some old people. It was revealed on the day Britain goes to the polls after an election campaign dominated by health issues – especially MRSA which particularly affects the elderly.

The new guidelines from the National Institute for Health and Clinical Excellence (Nice) are certain to be massively controversial.

Their use could be challenged in courts by the families of elderly people left to die.

The Institute argues that age can play a key role in whether drugs or procedures will work.

But the advice has triggered a furious reaction from pensioners’ charities, who argue that older people deserve the same chance as other patients.

The new advice looks at what “social value judgments” doctors should use when deciding what treatment to offer patients. Its advice will now be sent out for consultation.

Nice, the body which decides what drugs and procedures should be offered on the NHS, makes clear that there should be no bias against people on the grounds of race, gender, or sexual orientation.

It also says doctors must not discriminate against patients who have brought their illnesses upon themselves.

Doctors should not think about whether illnesses are ” self inflicted” – partly because it is too difficult to tell, and partly because the NHS should not offer treatment only to those who deserve it.

This means smokers and those who are obese can expect the same treatment as everyone else for illnesses that may be linked to their lifestyles.

Doctors are also told they must not take into account the role a patient plays in society – meaning breadwinners and parents with young children should get no better treatment than those without any dependants.

But, controversially, the guidelines go on to say: “Where age is an indicator of benefit or risk, age discriminationis appropriate.” Nice, whose key role is to ensure that the NHS offers treatment which is “cost effective” and provides good value for money, carried out an opinion poll on age discrimination in healthcare before putting together the new guidelines.

The survey showed people believe children and young people should be given priority if there is extra NHS cash to be distributed.

NHS advice to doctors on patients

Age discrimination ” is appropriate” even on the grounds of cost

Discrimination by sex or sexual orientation is completely banned

Doctors cannot withhold treatment from people whose conditions are self-inflicted – meaning that for example alcoholics can get liver transplants

Income or social class should make no difference to treatment