Friday, January 02, 2009

The 31 day rule : cancer games


Yesterday, a pleasant New Year’s Day lunch with David, an old friend who is an eminent oncologist. David’s wife is a psychiatrist. Mrs C is, of course, a breast radiologist and is currently the lead clinician in her breast unit. After the teenagers had disappeared the conversation turned, inevitably enough, to medicine. NHS BLOG DOCTOR readers are familiar with the Two Week Rule. When I, as a family doctor, write TWR on the top of a referral letter, I set off a cascade of consequences which are threatening to deluge my hospital colleagues.

Most of the general public will not have heard of the 31 day rule. The 31 day rule says that, once a cancer has been diagnosed, treatment must be started within 31 days. The hospital employs 31-Day rule commissars. The cancer is diagnosed. The clock starts running. The commissar gets out her clipboard. Woe betides the oncologist if treatment does not start on or before the appointed day.

Sounds reasonable, you may say. You may even say that 31 days is far too long. Why does treatment not start immediately? The answer is straightforward. For a lot of cancers, the treatment will start within a week or two. For other cancers, and breast cancer is commonly one of them, a number of staging investigations such as CTs, MRIs, bone scans, and PET scans may need to be done. We are not working in the USA or France. Not all hospitals have PET scanners. The patient may need to go elsewhere for the investigations. And all the time, the clock is running, and the 31-Day commissar is watching. A lot of thought and discussion may be needed. There are different treatment modalities, different international protocols, and all need to be discussed at the MDT meeting. The 31-Day commissar is still watching. Though not medically qualified, she at least understands the need to do “tests”.

Finally, a decision as to the best treatment option or options is made. The commissar rubs her hands. Let’s get on with it, then. Unfortunately, there is one more stage that doctors like to go through. Discussing the options with the patients. This is never more important than with a woman who has breast cancer. She will want (and has the absolute right) to have the options put before her. She may, for example, prefer wide local excision. She may prefer a mastectomy. Some women do. She may want surgical reconstruction and, if she does, she will want to discuss that in detail with the surgeon. Often the woman will say she wants a few days to think it over. To discuss it with her husband. To discuss it with her daughter. To discuss it with her family doctor.

The commissar does not like this. She does not really understand it. She will not stop the clock, but nor is she prepared to let it run over the 31 days. What is to be done? The commissariat has made a decision and issued instructions to David and Mrs C. The patient will be allowed to have a few days to think it over. Or a few months if she likes. To avoid breaking the 31 day limit, the patient must be discharged from the hospital clinic. If, as and when she decides which treatment she wants, she must return to her GP and ask him to re-refer her back to the hospital.

To the commissariat this is the perfect solution. As soon as a patient is discharged from hospital, the “event” is “deemed” to have had a “successful outcome”. A target has been hit. Points have been scored. The GP then refers her back, presumably on a second TWR basis, and that gives the hospital a luxurious 14 + 31 days to start the treatment. The work has already been done. Treatment starts promptly. Two more targets are hit. More points are scored.

Good news, comrades. Tractor production is up yet again.

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21 Comments:

Blogger Jobbing Doctor said...

And of course the new referral makes a lot more income for the hospital and bleeds the community budget even more.

Clipboard carrier - happy
Bullshit merchant in Dept of Health - Happy
Hospital Finance Director - Happy

Taxpayer - not happy as to waste of money.

Friday, January 02, 2009 11:10:00 AM  
Anonymous David said...

Patient - not happy as she may now have to wait up to another 45 days for treatment.

Friday, January 02, 2009 11:54:00 AM  
Blogger No One said...

nowadays of course they can just start a course of hormone therapy by tablets and not bother with any of the other common treatments such as operations or radiotherapy with large percentages of their patients, it doenst matter whether hormone therapy is the best treatment its quick and easy to pass the buck this way

lots of grey areas where for instance prostate cancer patients are left to die where they would have been operated on in any other western nation, nothing to do with lack of consultants or such

so much bollocks so little good care

Friday, January 02, 2009 11:56:00 AM  
Anonymous Anonymous said...

"so much bollocks"

Sums you up to a tee No One!

Friday, January 02, 2009 1:18:00 PM  
Blogger No One said...

fuck off Anonymous

Friday, January 02, 2009 2:03:00 PM  
Anonymous Anonymous said...

There is allowance for exceptions within the target regime, including allowance for patient choice over their treatment date. If the 'rules' are not being applied appropriately, that's because your local acute is staffed by idiots. The 31s and 62s work fine round this way.

Friday, January 02, 2009 2:50:00 PM  
Anonymous Anonymous said...

There's a dead easy way for clinicians to bypass the 31 day rule (or 18 week rule for that matter).

One of the options for treatment is "advice" and as virtually every consultation includes some advice to the patient, I can tick the box to say I've treated the patient. That keeps the clipboard nazis happy and I can get on with treating the patient in the clinically appropriate timescale, without these people breathing down my neck.

Friday, January 02, 2009 2:51:00 PM  
Blogger Dr John Crippen said...

Yes, I know that there are all sorts of fudges that may be used to get round the absurd inflexibility of the system. However, the commissariat has been tightening up, hence the diktats sent to Mrs C and "David" (both working in the same part of the country)

It's another example of the bureaucratic madness that is driving doctors bonkers. Of course there will be more fudges, just as there always were in the Stalinist Soviet system.

Let us all now pause to read Gogol's "The government inspector"


John

Friday, January 02, 2009 3:05:00 PM  
Blogger DARWEN REPORTER said...

NHS "spin" at its finest!

Friday, January 02, 2009 3:35:00 PM  
Anonymous drchris said...

You talk utter balls, No One.

Your name is apt - because that is all you are.

Chris MD MRCP(UK)

Friday, January 02, 2009 4:15:00 PM  
Anonymous Crippo said...

'fuck off Anonymous'


I like that.

Zen?

Friday, January 02, 2009 5:01:00 PM  
Anonymous Anonymous said...

My experience:

17/4/07, informed by nurse specialist that prostate cancer had been detected.

15/5/07, Consultant confirmed all within prostate and set op date for 26/7/07. Said this would be confirmed in writing.

No confirmation but my telephone calls at approx monthly intervals, op being put back each time.

Successful op 11/10/07

In mid September papers were reporting this "31 days". I wrote to the Secretary of State suggesting that the reports were wrong, and giving my experience. Reply from a Civil Servant said I should complain to the NHS Trust.

I wrote to the PM, suggesting that his SoS was not taking this seriously and pointing out that the only other time I had written to a Government Minister I had a reply signed by that minister. Reply again from a Civil Servant said that ministers were far too busy to reply to me and gave detailed instructions for complaining to the NHS Trust.

The Government obviously will not accept that they are wrong.

Friday, January 02, 2009 9:37:00 PM  
Anonymous nonnie said...

'She may talk to her husband.' Oh really?

This has to stop Dr Crippen. You are coming across as patronising to women (not all have husbands) and many don't have children either. It detracts from the good points raised in this post.

Now, as for anon 9:37. You know there are many things that the Government are responsible for but a delayed operation is taking things too far. You do have a right to complain to the hospital. They have a duty to reply within a certain time limit (they always get this right!), and if you're not satisfied with this then see a solicitor - some insurance policies cover solicitor's fees. I hope you do complain.

Friday, January 02, 2009 10:34:00 PM  
Anonymous nonnie said...

Sorry anon,
Obviously you can no longer complain as the time limit has run out.

Friday, January 02, 2009 10:36:00 PM  
Anonymous Anonymous said...

nonnie, you have missed the point. I was not complaining to the Government about the delayed operation I was complaining about the Government claiming that all cancer patients were being treated within 31 days of diagnosis when fairly obviously they were not.

Friday, January 02, 2009 10:44:00 PM  
Blogger Dr John Crippen said...

nonnie said...
'She may talk to her husband.' Oh really?

This has to stop Dr Crippen. You are coming across as patronising to women (not all have husbands) and many don't have children either. It detracts from the good points raised in this post.


++++

Oh dear, oh dear Nonnie. I thought the coffee-shop feminists had stopped reading this blog. Don't be so silly. Happily married couples discuss serious illnesses and support each other and it is not patronising or sexist to say that. If she does not have a supportive partner (or children) that is her loss



John

Friday, January 02, 2009 10:50:00 PM  
Anonymous matthew said...

"Now, as for anon 9:37. You know there are many things that the Government are responsible for but a delayed operation is taking things too far."

You completely miss the point. This blogpost is about bullshit targets. Gordon Brown and co will stand up in Parliament and at conferences and will ask to be reelected claiming that they have eliminated NHS waiting. This is a lie. They have a duty to respond.

Saturday, January 03, 2009 12:19:00 AM  
Anonymous Anonymous said...

Or, you could go with the American model:

"I'm sorry, but without insurance the doctor cannot see you now."

"Your insurance carrier has not approved that procedure."

Guaranteed treatment in 31 days or less? Wonderful.

Saturday, January 03, 2009 8:29:00 PM  
Anonymous Anonymous said...

Dear Dr Crippen,

Thirty years ago (or longer) the industrial quality guru W Edwards Deming explained why 'arbitrary numerical targets' are always a mistake.

For the last ten years we have had a gumment which has forced them on every root and branch of its empire, with predictably dire effects.

The problem is not the targets in themselves, wrong though they are, and evil in their effects, the problem is that important areas of our lives are under the control of politics, rather than more effective forms of organisation.

If you want to achieve anything more than making yourself feel better by whingeing about the system which pays you rather well, you should be working to undermine the whole concept of an N H S and to put people's healthcare back into their own hands and those of people they trust.

GGGRRRR

Sunday, January 04, 2009 9:42:00 AM  
Anonymous dearieme said...

Dr J C - it's a pity that you missed the opportunity to refer nonnie to the answer that No One gave earlier.

Sunday, January 04, 2009 5:19:00 PM  
Anonymous nonnie said...

Can you explain to me 'coffee shop' feminists? Is this another pat on the head to us weemin.

Yes I missed the point but so did you. Complaining to the government (any government) as a single person will get you NOWHERE. Okay? It's a waste of time.

Sunday, January 04, 2009 9:09:00 PM  

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Dr John Crippen's weekly diary. The trials and tribulations, the pleasures and pitfalls of family medicine in the modern British National Health Service.

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