Cancer Patients Could Get Legal Right to Swift Treatment
Leading international health experts are demanding that UK cancer patients receive a legally enforceable right to begin treatment within 62 days of an urgent GP referral. This radical proposal, published in the prestigious Lancet Oncology journal, would bring Britain in line with Denmark's successful cancer care model.
The new statutory entitlement could force the NHS to pay for patients to receive treatment privately or even abroad if local hospitals cannot meet the two-month deadline. This represents a fundamental shift in how cancer care would be delivered and funded within the UK's health system.
Learning from Denmark's Success
Denmark has operated a statutory right for cancer patients since 1999, guaranteeing treatment within 28 days of referral and within 14 days of consenting to treatment. The results speak for themselves: Denmark achieves some of Europe's best five-year cancer survival rates with minimal waiting lists.
Professor Mark Lawler, chair of the International Cancer Benchmarking Partnership and joint lead author of the paper, explained the practical implications: "If UK cancer patients cannot be treated at their own hospital within 62 days, the NHS would have to pay to treat them at another NHS hospital, privately or in another country."
He emphasised that this would create "a fundamental contract between patients and the NHS" that must be explicit, with patients having legal recourse if their rights are violated.
The Urgent Need for Change
The proposal comes against a troubling backdrop. The NHS has failed to meet its target for 85% of cancer patients to start treatment within 62 days since December 2015. International research reveals the deadly consequences of delays, showing that every four weeks of postponed treatment increases mortality risk by up to 10%.
Eduardo Pisani, chief executive of global nonprofit All.Can and co-author of the paper, stated: "International evidence shows that strong cancer plans, supported by legal rights, ensure patients have guaranteed access to timely, high-quality care. This protection promotes early treatment, reduces inequalities and ultimately improves health outcomes."
The authors express concern that without legal enforcement, the government's forthcoming national cancer plan risks becoming merely a "paper exercise" that fails to lift the UK from the bottom of international cancer survival rankings.
Beyond Treatment: Comprehensive Patient Rights
The proposal extends beyond just treatment timelines. Experts recommend three key legal rights for cancer patients:
- Treatment within 62 days of urgent referral
- A designated named cancer professional to oversee care
- The right to be forgotten five years after successful treatment
The "right to be forgotten" legislation, already established in nine European countries, would prevent insurers and mortgage providers from accessing or asking about a patient's cancer history after five years of successful treatment. This crucial protection would stop financial discrimination against cancer survivors.
Cary Adams, chief executive of the Union for International Cancer Control, emphasised the importance of robust cancer plans: "Time and time again, we see governments struggle to respond to cancer in their country without a robust, well-funded plan, resulting in the unnecessary loss of people's lives and trauma to their families."
The Department of Health and Social Care responded by highlighting current initiatives, including Jess's rule requiring GPs to reconsider cases where symptoms escalate, plans to diagnose 135,000 more cancer cases this year, and £70m investment in new radiotherapy machines.
As the debate continues, the fundamental question remains: will legal rights become the catalyst needed to transform UK cancer care and finally improve survival outcomes for British patients?
