NICE faces legal challenge over restriction on dementia drugs
BMJ 2006; 333 doi: https://doi.org/10.1136/bmj.39041.497315.DB (Published 23 November 2006) Cite this as: BMJ 2006;333:1085All rapid responses
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NICE was created for the benefit of the British patients and the NHS.
It has been pointed out ad nauseam that its guidance is evidence based.
Its judgment should be open to challenge on clinical evidence. Its time,
effort and finances, should not be expended on responding to legal
challenges on any other grounds. It should be answerable to the government
of this country and this country alone. Any pressure from powerful
pharmaceutical companies or foreign governments, as in the case of the
intervention by the US deputy secretary for health,[1] must be resisted. If
the law as it stands permits this interference then the law needs to be
changed.
The law should require NICE to base its judgment, taking financial
and other considerations into account. NICE should also be permitted to
hear appeals made on the basis of priorities in different regions of the
country and modify its guidance accordingly. NICE's guidance should not
be on a one size fits all approach. This will help get rid of the
accusations of post code lottery. Clearly this would require the role of
NICE to be revisited to make it a more effective organisation.
1 Experts defend NICE against attack by US politician. BMJ 2006;333:1087 (25 November), doi:1136/bmj.39041.354074.DB
Competing interests:
None declared
Competing interests: No competing interests
NICE guidance, as we know is evidence based on all available
information from randomised control trials, etc. Studies are based on
poulations and robust as the results may seem these are for study
populations and may not be applicable at an individual level.
In everyday practice as doctors we are dealing with real patients and are
often faced with dilemnas - on the one hand bodies such as NICE would
recommend that a particular drug or treatment not be prescribed for a
particular condition but our clinical judgement dictates otherwise. I
still believe that medicine is an art and not an exact science and there
is a real danger in getting bound by guidelines and costing factors which
limit our clinical practice. Couple this with a vulnerable patient group
such as those with dementia, who as we all know have dificulty in being
heard and having their opinions taken into account, and there is the real
risk that patient care will suffer. Surely this is not in the best
interests of our patients who come above all else in clinical practice. I
would wonder how many of us would truly decline treatment for their parent
suffering from early or late stage Alzheimer's dementia basing our
decision on NICE guidance?
Competing interests:
None declared
Competing interests: No competing interests
The debate over Herceptin can essentially be encapsulated by
Beauchamp and Childress'(1979) four concepts of medical ethics ie
Autonomy, Non-maleficence, Beneficence and Justice. Of most relevance in
Rationing is the dilemma between Autonomy (or patient rights) and
Justice/Equity otherwise known as Utilitarianism (or responsibilities to
society). It seems to me that, philosophically, Autonomy and
Utilitarianism are at opposite ends of the spectrum. Thus, as society
creeps ever towards one end of the spectrum it must move away from the
other end. Patient advocacy groups clearly place great emphasis on
Autonomy but what do they say about Utilitarianism? The rapid responses
use the "cake" analogy to describe this dilemma with some suggesting that
maybe there is more cake available and so the slices need not be thinned!
But in a world where ultimately everything is in limited supply, this
seems to miss the point-and that is as we all know "you can't have your
cake and eat it!".Sadly, it seems,having it all is exactly the message the
government and moreover the media have misled the general public into
believing!
Competing interests:
None declared
Competing interests: No competing interests
Such NICE people
The NICE people who are denying cholinesterase inhibitor treatment to
hundreds of thousands of patients in the UK hope to use social services
and psychological care for caregivers [BMJ VOLUME 333 25 NOVEMBER 2006 p.
1085 bmj.com]. How delightful! These NICE people are not very nice, in
my opinion and they don't seem to know much about the course of dementia
of the Alzheimer's type (AD) and the problems that occur in stages 5-7 of
the disease. Emphasizing "social and psychological care" for such people
is utterly stupid as is offering such care to caregivers in lieu of
medications, which have clearly demonstrated a modest benefit for patients
in the later stages of their horrible, relentlessly deteriorating,
neurodegenerative disease.
Where will the "social and psychological people" be when the AD
patient is up all night, threatening to kill and is totally exhausting the
caregiver. There are no "social" interactions that will work with such
patients and I defy anyone to tell me what can be done "socially or
psychologically" for the caregiver other than stripping the house of
anything dangerous, putting locks on the insides of the doors, putting a
heavy door with a deadbolt lock on the caregiver's bedroom and giving the
caregiver a set of noise reduction earphones so she/he can get some sleep
at night.
No "social or psychological person" is going to be around at 7:00 PM
when dinner is served and the caregiver has to feed the patient, then take
him/her to the bathroom and clean up their incontinent mess as well as mop
the floor from spilled food, wipe the walls from food that has been thrown
all over the dining area, etc. And, no "NICE social person" will be
around at 6:00 AM to clean up the messy, urine and feces soaked bed from
the previous night while the patient is wandering around naked with feces
and urine dripping all over the place (caregivers have difficulty
splitting themselves into 2 or 3 people so they can be all over the house
at the same time).
Asking an 84 year old wife (or husband) to do this kind of care for
their spouse of a similar age is subjecting them to cruel and unusual
punishment for an illness based in bonafide neuropathology and not based
in "social or psychological problems."
Denying these advanced dementia patients the modest help that is
clearly given by the cholinesterase inhibitors plus memantine means that
the burden of caring for such patients is worse that it currently is and
must continue to be if the patients are denied appropriate treatment.
Each of the NICE people should be required (and I mean a mandatory
requirement) to care, alone, for a violent, incontinent, messy AD patient
in stages 5, 6 or 7 for a minimum of 3 months. They should have to do
this alone and be with the patient 24 hours per day, 7 days per week, have
no respite, have no medication to give the patient and have no time off
for holidays or anything else they might enjoy doing.
I doubt that one of the NICE people has ever cared for an AD patient
or even provided geropsychiatric care for hospitalized AD patients. And I
doubt they have talked with the caretakers of such patients. Most likely,
as do most bureaucrats and highly placed academics, they just sit around a
table and talk about "psychosocial remedies" for patients with a disease
based in neuroanatomy gone haywire.
I hope the legal challenge survives politically motivated judges and
that there are still some people living in the UK who have a little more
sense than NICE bureaucrats who KNOW NOTHING in spite of, most likely,
having multiple advanced degrees and high bureaucratic positions.
James W. Hawkins, MD
Geriatric (Old Age) Psychiatrist
Adjunct Clinical Associate Professor, Stanford University
240 Kenwood Way
San Francisco, CA 94127
jwhawkins@stanford.edu
Competing interests:
None declared
Competing interests: No competing interests