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. 2000 Apr 15;320(7241):1076.

The implications of outlawing age discrimination

Resources are already inadequate to meet workload

Roger A Fisken 1
PMCID: PMC1117954  PMID: 10764379

Editor—All over the country health services are groaning under the weight of increasing workloads, pushed upwards in many instances by skyrocketing public expectations fuelled by the utterances of self seeking politicians. Levels of stress among health professionals are ratcheted up even further by demands for more accountability, publication of audit data, clinical governance, the ever expanding “blame culture,” and so on, all in an environment where resources are nowhere near adequate to deal with the workload that we already bear. Now we are being told by Rivlin that it would be a great idea to make age discrimination in health care illegal.1 I am sure none of us would disagree with the principle behind his argument, but does he have any idea what a can of worms he is opening? The problems which he dismisses so breezily as “grey areas” could, in fact, result in a large number of legal actions against doctors who are simply trying to do an extremely difficult job in balancing the countless demands on our services. It's no good saying that if a doctor acts properly and in good faith any legal action against him or her is likely to fail: does Rivlin have any idea how stressful defending such an action could be even if the doctor were acquitted?

Can we please try first of all to get a grip on this extraordinary cloud-cuckoo-land vision of the NHS which people are being sold by politicians—that is, that they can have whatever they want, when they want it, but without the patient or the taxpayer putting up any more money? Until we do that we will never be in a position to make a sensible exploration of ideas like Rivlin's.

References

BMJ. 2000 Apr 15;320(7241):1076.

Elderly people have different needs

David Carvel 1

Editor—Rivlin mischievously says that age based rationing should be made illegal.1-1 What are the realities of forcing a doctor to ignore the different needs of elderly people, or his or her own common sense, on pain of criminal prosecution? The lawyers, once again, would be the only winners in such a scenario.

With my feet firmly on the ground in general practice I would decline to refer a 60 year old for fertility treatment and would accept a consultant's decision that with few hearts available for transplantation my 75 year old patient could not be given priority.

Rivlin erroneously says that extrapolation of the Race Relations Act could similarly “protect” older patients. A 30 year old is not the same as an 80 year old, and it would be folly to see them as such.

Perhaps rationing should first be made illegal, maybe after a government minister acknowledges that it exists.

References

BMJ. 2000 Apr 15;320(7241):1076.

Author's reply

M M Rivlin 1

Editor—There is no disagreement in substance between Fisken and me. He agrees that the principle of making age based rationing illegal is well founded, but he suggests that the practicalities of ensuring that legislation works may be insuperable. I disagree with him about age based rationing on a macro and meso level. For example, the legislation I am proposing would make it illegal for there to be a policy of not admitting anyone over the age of, say, 65 to a particular department just because they are 65 or older. However, I accept that on a micro level, rationing at the bedside, it may not be as easy to make age based rationing illegal.

I agree wholeheartedly with Fisken that the government should make it clear that rationing of health care is necessary. The public would then realise that if it wants a better health service it will have to pay substantially more tax, change its spending priorities, or adopt a more responsible lifestyle.

I disagree with Carvel that lawyers would be the only people to gain from my proposal: elderly people would be the real winners. Once legislation is in force that bans age based rationing lawyers need not be involved at all.

Carvel suggests that rather than impose legislation we should rely on doctors' common sense. But to do so might not be sensible. Common sense would mean that in many instances doctors should be treating rather than denying treatment to elderly people because they respond to treatment better than younger patients do.2-1 I recently gave a lecture to a forum of general practitioners. When I asked them whether they would send a 45 year old patient with newly diagnosed angina to a cardiologist for investigation, they unanimously said that they would. When I asked the same question about a 65-70 year old patient, a large proportion said that they would not. Furthermore, at least 30% of the doctors not only agreed that they practised ageism but were prepared to admit it publicly. In view of this, does Carvel really think that elderly people can rely on the common sense of doctors to protect them?

References

  • 2-1.Grimley Evans J. Rationing in action. London: BMJ Publishing Group; 1993. [Google Scholar]

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