High Court backs trust’s refusal to make an exception to funding rules on social grounds

BMJ 2011; 342 doi: (Published 11 April 2011) Cite this as: BMJ 2011;342:d2354
  1. Clare Dyer
  1. 1BMJ

The High Court in Manchester has upheld an NHS trust’s refusal to consider social factors when a patient makes an application for exceptional funding for treatment not provided under the trust’s general policy.

Tom Condliff, who has diabetes and is morbidly obese with a body mass index of 43, applied for judicial review after he was refused laparascopic gastric bypass surgery by North Staffordshire Primary Care Trust. The trust has a policy of not funding bariatric surgery for anyone with a BMI under 50, but those who are less obese may apply and be funded …

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