Wednesday 09.01.2008

Halliwells in Pro Bono fight for cancer patients

Law firm Halliwells has launched a legal battle on behalf of five cancer patients who want the right to top up their NHS treatment by privately funding an additional drug, Avastin which could save their lives.

The NHS has threatened to withdraw the women's care if they decide to go ahead with their decision but that is in breach of their human rights according to their lawyer, Melissa Worth from Halliwells.

If the women decide to top up their current treatment they may end up having to foot the entire bill for their care - a bill which could run into six figures.

The health department has issued guidance to NHS trusts warning that such co-payments are not allowed but this is now being challenged.

Said Melissa Worth, who is acting for all the patients on a pro bono basis:

"The NHS trusts in question would be breaching several articles of the 1998 Human Rights Act if they decide to withdraw chemotherapy treatment.

"The Trusts have an indisputable obligation to provide life-sustaining treatment when there is a known, real and immediate risk to life. In light of this, there is no legal justification for the Trusts to threaten to withdraw all free treatment should our clients wish to maximise their chances of survival by complementing the treatment they are currently receiving."

The health department issued a statement saying:

"It is a fundamental principle of the NHS, supported by all the main political parties, that treatment should be free at the point of need. Co-payments would undermine this."

Several health experts and politicians are now rallying behind the women as they prepare for the judicial review and the decision is expected within the next few months.

About Halliwells

Halliwells is a national law firm providing a range of multi-disciplinary legal services.



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