Lawyer Reveals Concerns Over Surgery Funding Refusal

A lawyer who specialises in health and social care has revealed his concerns over reports that the family of a young cerebral palsy sufferer In Bristol have been denied funding for an operation which will allow her to walk.

Local reports in the city have revealed that three-year-old Evie Tucker’s family applied for the treatment, which has been available at Frenchay Hospital since last year, through the NHS but now need to raise £23,000 to meet the costs of the surgery themselves.

They are now considering ways in which they can raise the funds to ensure they can get the surgery undertaken privately.

Yogi Amin, a Partner in Irwin Mitchell’s Public Law team, said the circumstances of the case are very similar to a number of other scenarios he has come across in the past.

He said: “If the Primary Care Trust cannot provide the treatment and support that has been requested, then the family does have the option to challenge the NHS trust to get that access to the vital health treatments. 

“All the children who have been supported by their treating doctor to have access to this surgery should be provided it. The Secretary of State has said very clearly that efficiencies, which are not cuts, in the NHS should not affect the right of patients to proper healthcare.

“We’ve been involved in a number of cases in the past similar to this, including helping patients who sought access to the breast cancer drug Herceptin and also partially sighted patients trying to access the eye drug Lucentis.

“Regardless of the issues which decisions related to access to NHS care can pose, it is vital that the ultimate outcome of ensuring patients get the best possible healthcare always remains a priority.”