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How does the operation of PHARMAC's 'Community Exceptional ...

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This test-question did not ask if <strong>the</strong> right decision was made by <strong>the</strong> doctors. It<br />

asks if <strong>the</strong>re was any rational analysis done or evidence ga<strong>the</strong>red to guide <strong>the</strong><br />

decision makers and who (if anyone) had <strong>the</strong> chance to have input into <strong>the</strong><br />

process.<br />

Question 4: Was this decision based on information about <strong>the</strong> capacity <strong>of</strong> <strong>the</strong><br />

patients to do <strong>the</strong> things <strong>the</strong>y have reason to value?<br />

The decision to ration cancer chemo<strong>the</strong>rapy treatment was taken without any<br />

information about <strong>the</strong> capacity <strong>of</strong> patients to do <strong>the</strong> things <strong>the</strong>y have reason to<br />

value. This is because <strong>the</strong>re was no information given to <strong>the</strong> decision makers<br />

about <strong>the</strong> lives <strong>of</strong> <strong>the</strong> patients at all. Nor was <strong>the</strong>re any attempt by decision<br />

makers to hold a discussion with <strong>the</strong> patients who were being affected by <strong>the</strong><br />

decision or <strong>the</strong> consequences for <strong>the</strong> people who were denied treatment.<br />

It is possible that some patients may have taken <strong>the</strong> option, if it was provided,<br />

not to seek chemo<strong>the</strong>rapy because <strong>the</strong>y may have believed that <strong>the</strong>ir cancer<br />

was incurable. They may have weighed up <strong>the</strong> options and decided that <strong>the</strong>re<br />

was reason to value a chemo<strong>the</strong>rapy-free end to <strong>the</strong>ir lives, no matter how soon<br />

that end might come. It is also possible that some patients, if given <strong>the</strong> option,<br />

may have decided that <strong>the</strong>y have reason to value fur<strong>the</strong>r treatment and <strong>the</strong><br />

possibility <strong>of</strong> a full or partial cure.<br />

In summary, <strong>the</strong> four test-questions give an opportunity for <strong>the</strong> chemo<strong>the</strong>rapy<br />

rationing decision to be examined in light <strong>of</strong> <strong>the</strong> elements <strong>of</strong> procedural and<br />

outcome fairness. The documents obtained from MidCentral Health do not<br />

describe why some cancer patients are being <strong>of</strong>fered chemo<strong>the</strong>rapy treatment if<br />

<strong>the</strong>y are unlikely to benefit from it. What <strong>does</strong> this tell us about all <strong>the</strong> o<strong>the</strong>r<br />

cancer treatment centres in New Zealand? Are <strong>the</strong>y carrying out expensive<br />

chemo<strong>the</strong>rapy treatments on patients who have little hope <strong>of</strong> recovery?<br />

The examination <strong>of</strong> this case has highlighted <strong>the</strong> fact that <strong>the</strong> justice <strong>of</strong><br />

decisions about who receives treatment is not simply a matter for arrangements<br />

which best suit <strong>the</strong> providers <strong>of</strong> health services. There is a considerable<br />

element <strong>of</strong> moral and ethical content in <strong>the</strong> decisions to refuse some people<br />

treatment and grant treatment to o<strong>the</strong>rs. Such content is informed by <strong>the</strong><br />

principles <strong>of</strong> distributive justice.<br />

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