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Interesting additions ( in today's NEJM ) to our past discussions on NHS ?

Pasting a paragraph ( from this full text link
http://healthpolicyandreform.nejm.org/?p=14126&query=TOC

Patient and Public Influence

A third key area of reform relates to patient influence on NHS services.
Patient voice is to be strengthened at every stage of care. The catchphrase
“no decision about me without me” is to set the tone for future interactions
between patients, doctors, and the wider health service community. To ensure
that patients’ voices are heard in the planning and development of local
services, a new organization called HealthWatch is being developed to play
both national and local roles. Elected local government officials will also
run statutory health and well-being boards whose job it will be to
scrutinize general practitioner commissioning decisions and refer those
decisions to the secretary of state as needed. The public’s new ability to
scrutinize commissioning decisions may bring a fresh element of local
democracy to health services, but it could also stifle innovation in
situations in which payers want to develop services in a way that involves
the loss of existing local facilities.

Choice will be strengthened, too, and the patient’s right to choose will be
extended beyond the current ability to choose between different hospitals to
include choice of treatment options, when clinically appropriate, and choice
of the specialist-led team that will provide treatment. Patients will also
have increased choices in their selection of a primary care practice — they
will, for example, be able to register with a practice located near their
workplace rather than near their home, as is now required. In theory,
patients will be empowered by the health information technology that
provides them with detailed information on quality of care and by a national
set of quality standards, although there is little evidence that patients in
the United Kingdom currently use information on quality of care or that
choice has driven an effective NHS market.23 The information provided to
patients will increasingly be focused on outcomes rather than processes of
care. However, there is real doubt as to whether outcomes data can produce
useful information quickly enough to form a basis for patient choice,
provider accountability, or regulation.


From: Djulbegovic, Benjamin <[log in to unmask]>
Date: Sun, Mar 27, 2011 at 8:45 PM
Subject: RE: Prioritisation in the NHS
To: Rakesh Biswas <[log in to unmask]>, "
[log in to unmask]" <[log in to unmask]>
Cc: Ash Paul <[log in to unmask]>


 Rakesh, I think this is exactly a type of the case that we ought to be
debating here…so, we should not be hesitating asking the questions you are
asking…(Ash: thanks for this fascinating case). I hope the members of this
group will take their time to read it, but it does boil down to the issue of
whether it is good use of societal resources to fund treatments in light of
absence (of high quality public) evidence that treatment works (vs.
“evidence of absence” i.e. evidence that treatment does not work). And,
indeed, in a just society: whose fault is that high quality evidence has not
been generated?



 I could not agree more with Neil’s post (that just came in as I was typing
this reply to encourage others to read the document Ash provided a link to):
ultimately everything gets process through our brains. But, it appears that
we are reluctant to accept what we cannot easily understand- hence the
ruling is based on systematic review rather on the expert opinion. However,
I am fairly certain that the same evidence (or, lack of it) and the same
expert opinion would  be interpreted in diametrically  opposite direction
 on this side of Atlantic.

Again, this is a type of the case we ought to be debating- hope others will
join in.

Thanks

ben

* *



*From:* Evidence based health (EBH) [mailto:
[log in to unmask]] *On Behalf Of *Rakesh Biswas
*Sent:* Sunday, March 27, 2011 7:21 AM

*To:* [log in to unmask]
*Subject:* Re: Prioritisation in the NHS



Point 64 in Ash's link perhaps summarizes it all:

"64. The decision maker should first decide whether there is evidence of
significant health impairment and evidence of the intervention improving
health status."

In this case "in the view of the Committee, there was no evidence of *
significant* health impairment."

This could raise the query that gender identity disorder GID is perhaps a
way of medicalizing a certain mindset/approach to life?

However what happens if there is evidence of significant health impairment (
such as other disorders) and no available RCT evidence of the intervention
improving health status?"  Is the patient to blame when there are not enough
good quality RCTs ( and consequently non committal systematic reviews) to
justify/guide further management?

:-)

PS: I am aware that this is a difficult query and no straight answers (and
perhaps not fair of me to pose these uncomfortable questions in front of a
predominant audience of systematic reviewers who burn the midnight oil to
make life easier for us). Perhaps we are still researching it all in our own
manner through these discussions and through our own practice in our regular
clinical encounters with our patients
( synchronously or asynchronously).

On Sun, Mar 27, 2011 at 3:14 PM, Ash Paul <[log in to unmask]> wrote:

Dear Amy and Ben,

Recently, on 11th March 2011, the UK Court of Appeal delivered a landmark
judgment, upholding the NHS Commissioners rights to refuse funding to an
indiviudal patient on grounds of exceptionality.

This was inspite of the patient (who had originally brought the case against
the NHS Commissioners) bringing in expert clinical witnesses including a
Professor of Psychiatry who said that in his ' opinion' (read 'intuition'
instead of 'opinion' within the context of our present discussions) the
funding request was exceptional and warranted funding. The Court of Appeal,
which included the Master of the Rolls, went along with the NHS
Commissioners who presented a systematic review of the evidence to argue
that the case was not exceptional.

You might want to read the Court of Appeal judgment at:

http://www.bailii.org/ew/cases/EWCA/Civ/2011/247.html
It makes fascinating reading.


Regards,



*Ash *

Dr Ash Paul
Medical Director
NHS Bedfordshire

21 Kimbolton Road

Bedford

MK40 2AW

Tel no: 01234897224

Email: *[log in to unmask]*






  ------------------------------

*From:* Dr. Amy Price <[log in to unmask]>


*To:* [log in to unmask]

*Sent:* Sunday, 27 March 2011, 0:08


*Subject:* Re: Prioritisation in the NHS



A thought...It may be that learning and optimizing the processes involved in
decision making systems 1+2  would help a medical professional to discern
the effective timing and implementation for both systems so they do not try
to present a system 1 process instead of a system 2 in the system 2 only
framework. (I can’t count the number of times I have heard loss of freedom
to practice medicine, big pharma conspiracy and government interference used
to excuse a lack of diligent foresight, research and preparation)



Also within a system 2 presentation there may be room for judiciously placed
system 1 inferences...good decision making is a clear approach to
discernment, timing and opportunity and takes a lot of practice which can be
accomplished in system one friendly situations. I think it is even advisable
to practice in the trenches before one take on the big leagues.



Best

Amy



*From:* Evidence based health (EBH) [mailto:
[log in to unmask]] *On Behalf Of *Djulbegovic, Benjamin
*Sent:* 26 March 2011 04:19 PM
*To:* [log in to unmask]
*Subject:* Re: Prioritisation in the NHS



Thanks, Ash

I raised my previous point in the context of different decision-making
mechanisms (system I vs. system II)… a number of people acknowledged-
yourself included- importance of intuition for decision-making… yet, when it
comes to decision-making of the types you described, we almost exclusively
rely on the rational (system II) approach as you detailed below…This is
particularly reflected in your following sentence “If you want to prescribe
drug A to your patient when it is not ordinarily funded by the
commissioners, you will have to prove to the commissioners that your request
is truly exceptional.” That proof, we would probably all agree, will never
be accepted based on tacit, intuitive knowledge despite our clear
understanding of the importance of these processes…

Best

Ben

PS I guess all what we  can say that scientific method (based on system II
reasoning process using public knowledge accessible equally to all
observers), as fallible as it is, remains the best and probably only tool at
our disposal to make rational decisions…(which is not to say that we should
not attempt to use science to understand the processes that are occurring at
subconscious levels, as pointed earlier by Neal and others).

PSS Although on the face of it, this is a theoretical, academic discussion,
the points we are discussing here  have enormous practical relevance, as
 when, for example, individual decision-making (based on “private”,
intuitive evidence) conflicts with EBM guidelines (using public evidence
that others, similarly trained people can understand).





*From:* Ash Paul [mailto:[log in to unmask]]
*Sent:* Saturday, March 26, 2011 3:26 PM
*To:* Djulbegovic, Benjamin; [log in to unmask]
*Subject:* Re: Prioritisation in the NHS



Dear Ben,
Prioritisation doesn't work so arbitarily like that in England.
We have national organisations like NICE who issue Technology Appraisal
Guidance (TAG) on certain high cost drugs and medical devices, on the basis
of clinical and cost effectiveness. The NHS is legally bound to fund them
within 3 months of a positive NICE TAG, but will not fund them if the TAG is
negative.
But there are lots of drugs and devices that NICE does not pronounce
judgment on, because they don't have the capacity and resources to do so.
Then this is what happens.
You need to remember a couple of things before you read on, because it will
give you the context in which we NHS Commissioners operate. Firstly the
commissioners are allocated their fixed annual budget (from the beginning of
April to end of March the following year). Secondly, the commissioners are
statutorily bound by law not to exceed their annual budget by even an extra
penny (they have to remain within their allocated resource limit). It's the
classical case of Charles Dickens's Mr Micawber in David Copperfield -
income 20 shillings; expenditure 19 shillings 6 pence; result happpiness/
income 20 shillings; expenditure 20 shillings 6 pence; result misery.
Let's suppose you are a consultant who wishes to use a new drug A or device
B which has not been NICE'd. We consider that as a 'service development'.
So, you will need to write down a business case and submit it to the
commissioners for consideration during the annual prioritisation round. The
annual prioritisation round takes place in December/January and all business
cases have to compete against each other to be prioritised. The business
cases are prioritised against a set of ethical and commissioning principles
with criteria and weights (attached to each criteria) and scored. Those that
score above a pre-agreed minimum score are prioritised and then sent to a
group of local clinicians and commissioners who match the prioritised
services against the annual budget available (in an open, transparent and
'Wednesbury' reasonable way). If your drug A does not meet the cut, the
commissioners will not fund it that year.
Herein, lies the crunch. Ordinarily, if you say you won't fund it, no
resident in your local population should have access to the drug/device. The
principles of social justice and equity demand that it should be an 'all or
none' phenomenon. Lawyers have repeatedly advised us that NHS commissioners
can/should take recourse to this action. But politicians are always jittery
about the dreaded 'R' word being officially bandied around. So commissioners
in the NHS have agreed on a loop-hole (pretty unsatisfactory, in my opinion)
to get around this system and keep the politicians happy ie through the
exceptional funding route. If you want to prescribe drug A to your patient
when it is not ordinarily funded by the commissioners, you will have to
prove to the commissioners that your request is truly exceptional. Your
request for funding is sent to an Individual Funding Request (IFR) Panel,
comprised of commissioners, clinicians, the public and lay members of the
Board of the Commissioning PCT, which will decide whether your exceptional
funding request merits approval. All off-license/unlicensed funding requests
and also funding requests for drugs/devices not approved by NICE TAG's must
similarly be sent to the IFR Panel (these are the Panels that Sarah Palin et
al refer to the NHS Death Panels, which, by the way, is a completely false
description of these Panels).
If your funding request is refused by the Panel, you can appeal against the
decision, and your appeal will be heard by an Appeals Panel, the composition
of which is entirely different from the original IFR Panel. The decision of
the Appeals Panel is final.
The unsuccessful patient can, however, take the commissioners to court and
request a judicial review of the funding decision.
Hope you find this useful.
Regards,

*Ash *

Dr Ash Paul
Medical Director
NHS Bedfordshire

21 Kimbolton Road

Bedford

MK40 2AW

Tel no: 01234897224

Email: *[log in to unmask]*








  ------------------------------

*From:* "Djulbegovic, Benjamin" <[log in to unmask]>
*To:* [log in to unmask]
*Sent:* Sat, 26 March, 2011 14:13:16
*Subject:* Re: Clinical Decision Making and Diagnostic Error

And, of course, we need to add to this, as pointed by Jim Walker, the famous
Godel’s proof that we can know something even if cannot prove it…



But, Ash, how does this discussion bode to EBMers including your own
decision-making when you try to rationally and fairly allocate scarce
resources as you have eloquently discussed it on this group on a number of
occasions… What do you tell to people who tell you “I know (from my
experience) that this treatment works and you are telling me that there is
no evidence to fund this therapy”.

I am afraid we are coming full circle, and seems to me that we simply do not
have any other recourse but to rely on our meager neocortex ( Jim’s “the
conscious tip of a fully integrated iceberg”) , at least when it comes to
decision-making involving others…And, as I pointed out in my earlier post,
justification for this is that rational inferential system (=EBM) is more
often right than intuition (although is far from “idiot-proof”…)

Best

ben





Benjamin Djulbegovic, MD, PhD

Distinguished Professor

University of South Florida & H. Lee Moffitt Cancer Center & Research
Institute



*From:* Evidence based health (EBH) [mailto:
[log in to unmask]] *On Behalf Of *Ash Paul
*Sent:* Saturday, March 26, 2011 4:18 AM
*To:* [log in to unmask]
*Subject:* Re: Clinical Decision Making and Diagnostic Error



Dear Rakesh,



It's interesting to note that Albert Einstein was a great protagonist of the
powers of intuition. However, to my mind, his quotes are much more apt for
the psyche of the inventor/discoverer, than they are for medics charged with
routinely saving lives using proven treatments.



Einstein's scientific writings are littered with quotes on the subject:



1. 'I believe in intuition and inspiration…at times I feel certain I am
right while not knowing the reason'.


2. 'The intuitive mind is a sacred gift and the rational mind is a faithful
servant. We have created a society that honors the servant and has forgotten
the gift'.


3. 'The intellect has little to do on the road to discovery. There comes a
leap in consciousness, call it intuition or what you will, and the solution
comes to you, and you don’t know how or why'.

Einstein was, ofcourse, preceeded by the immortal Aristotle who wrote
'Intutition is the source of scientific knowledge'.
*
*Regards,



*Ash *

Dr Ash Paul
Medical Director
NHS Bedfordshire

21 Kimbolton Road

Bedford

MK40 2AW

Tel no: 01234897224

Email: *[log in to unmask]*






   ------------------------------

*From:* Rakesh Biswas <[log in to unmask]>
*To:* [log in to unmask]
*Sent:* Saturday, 26 March 2011, 4:37
*Subject:* Re: Clinical Decision Making and Diagnostic Error

A quote from Steve Gilman ( posted by Arin Basu in a different context for a
different forum):

"Much that you learn will be learned at a level below consciousness. Use
this. Even as you guide your thoughts consciously, allow for the intuitive.
This interplay between the conscious and unconscious is where the art of
thinking really blossoms."

Copyright Steve Gillman.

Article Source: http://EzineArticles.com/616048

Just a lame attempt on my part to summarize this rich discussion. Also the
line marked copyright makes me wonder about its true place in a web based
meta-cognitive future.

:-)