UK Healthcare Refusal: An Analysis of Ethical and Legal Issues

This report examines the ethical and legal ramifications of refusing healthcare to patients in the UK, focusing on the case of Mr. Albert Thompson and the NHS policies affecting immigrants. It critiques the NHS constitution for its discriminatory approach towards foreign nationals, highlighting the con...Read More

Running head: REFUSAL OF SERVICE BY HEALTHCARE WORKER
REFUSAL OF SERVICE BY HEALTHCARE WORKER
Name of the Student
Name of the University
Author Note

1REFUSAL OF SERVICE BY HEALTHCARE WORKER
Executive Summary
The purpose of this report is to analyze the ethical and legal ramifications of a patient being
refused treatment in light of UK law. UK is a common law country and is bound by common law
principles. However, their domestic NHS policies reflect a contradictory image. This report
conspicuously brings out the unethical and differential treatment faced by patients who are
foreign nationals in the UK.

2REFUSAL OF SERVICE BY HEALTHCARE WORKER
Table of Contents
Introduction......................................................................................................................................3
Discussion........................................................................................................................................3
Conclusion.......................................................................................................................................4
Reference list:..................................................................................................................................5

3REFUSAL OF SERVICE BY HEALTHCARE WORKER
Introduction
Healthcare is one of the primary concerns of government agencies in the modern era. The
inclination towards welfare economics adopted by states has various implications, proper
healthcare for all citizens and immigrants being of paramount importance. In light of these
circumstances refusal of care to an ailing patient is immensely unethical and cannot be
condoned.
Discussion
The case of Mr. Albert Thompson is quintessentially an incident that brings to light such
unethical practices. Due to the introduction of an upfront payment system, Mr. Thompson was
denied treatment till he made an upfront payment in November 2017. This was a NHS policy
aimed at immigrants who were not ordinarily a resident of the UK. The NHS is a government
agency and guides and regulates the health services in the UK. Mr. Thompson had moved to the
UK over 40 years ago and was still treated with the status of an immigrant. Moreover, denying
healthcare to cancer patients, even if they are immigrants, portrays a profit oriented image of the
healthcare system which should not be the case for such an essential service (Worthing, 2018).
The NHS has a constitution that prescribes its obligations and duties and the rights of
patients in a codified form. However, the provisions of the NHS constitution are mainly related
to treatment of citizens of the UK. Further, it provides for refusal of treatment to foreign
nationals. Thus, the constitution itself stands at an unethical standpoint. Common law principles
dictate that right to life is supreme and cannot be superseded by statutory enactments (Carter et
al., 2013). In light of this the refusal faced by Mr. Thompson, though with statutory backing,

4REFUSAL OF SERVICE BY HEALTHCARE WORKER
represents the unethical standards to which immigrants in the UK are subject to and the
differential treatment faced by them in the land of the Magna Carta.
Conclusion
The NHS constitution defines various rights of patients including the right to file
complaints and legally pursue medical negligence. However the same text restricts rights of
patients who are foreign nationals. This displays a discriminatory approach to treatment of
foreign nationals which could lead to life threatening situations.

5REFUSAL OF SERVICE BY HEALTHCARE WORKER
Reference list:
Carter, M., Thompson, N., Crampton, P., Morrow, G., Burford, B., Gray, C., & Illing, J. (2013).
Workplace bullying in the UK NHS: a questionnaire and interview study on prevalence,
impact and barriers to reporting. BMJ open, 3(6), e002628.
Worthing, K. (2018). As a doctor, I can see that denying NHS care to immigrants is inhumane |
Kitty Worthing. the Guardian. Retrieved 20 March 2018, from
https://www.theguardian.com/commentisfree/2018/mar/12/doctor-nhs-care-government-
albert-thompson