An Offer You Can’t Refuse

In the previous post about the NICE Guidelines revision, it was reported that Prof Mark Baker of NICE had raised the issue of the right of patients to refuse treatment, in this case with CBT and GET in mind. Steve, who frequently contributes to this blog, left the following response in the comments, pointing out that our system does not in reality allow patients this choice. I think it is – unfortunately – spot on, so I’m giving it a post of its own by airing it again here.

Over to Steve:

It is being rather naïve or even ‘economical with the truth’ to say that patients are at liberty to decline offers of CBT/GET (or any other treatment). In reality, you are being made an offer you *can’t* refuse, whether this is theoretically allowed or not.

The least that will happen is that your notes will be marked that you are uncooperative and ‘refused’ treatment. By this simple method, every NHS person you meet thereafter is likely to be wary of you, or even downright prejudiced against you, and you will go to the back of the queue for everything you ask for, and any time you turn up at A&E.

Furthermore, even if you say you will go along with the treatment even though you do not hold out much hope that it is of any use, you can then be listed as ‘treatment resistant’, by which ploy the ‘therapists’ and their ‘treatment’ are absolved of responsibility when you fail to improve.

Another favourite patient dissing habit is to say that you ‘deny’ having such and such a symptom, rather than that you don’t have it: anything to make the patient look bad.

The patient really cannot win, any more than they could going up against the Mafia: You cannot refuse.

(Recently, I tried to endure yet another gastroscopy without anaesthetic. I’ve managed this several times before, but this time I could not stop my stomach flinching against the scope in a way that was likely to be doing damage, so I had to signal them to stop. This was logged as a refusal, despite me having been told to do this if there was a problem, at the start of the procedure.)

In the worst case scenario – if your reputation is particularly bad, from trying too hard to get help to get better – any hint of a ‘refusal’ can be used as a pretext for having you sectioned in order to make you take the ‘treatment’. This actually happened to me even though I had previously organised, on my own instigation, CBT with a Kings’ therapist, but my local PCT had refused to fund it! I had also organised a bed at the then Queens, Romford, inpatient unit, but the PCT had refused to fund that either. After over three years wasted in the local psychiatric services, I was thrown out (though I knew I was too ill), with the advice that I should try the unit at Romford – which had closed down two years before, for lack of patients, due to PCTs not referring out of area! You could not make this stuff up. :/

So: while, in the ideal world, patients may, without prejudice, exercise a right to refuse, in *this* world. they will be scapegoated for life, and, quite possibly, even worse.

Steve has subsequently shared a bit more with me about his experience as a (wrongly diagnosed) patient in the mental health system:

Another point I didn’t make about the right to refuse, was what happens once you are admitted to a mental health facility: Everyone is supposed to have a ‘care plan’ that they have to agree to follow, but these are more like confessions they try to trick you into signing, than anything designed to help the patient.
 You are supposed to come up with compromise plans of things you can do and things you can’t, but, if you say you can’t do something, they just treat it as non-cooperation, no matter how clearly you explain the reason. Most of the time, in my case, it was because they did not agree that my physical illness was real, so, if I said I couldn’t hoover because it left me gasping for breath, I was refusing treatment — even if I’d been doing it all the time I could get breath.
These ‘care plans’ also get personal about what ‘I agree to do‎.’ They are like what we used to have to do in detentions at school when given ‘lines’ to write as punishment. In my case they stated that I was a hypochondriac, every time. And every time, I wrote on the form that I could not sign because I was not a hypochondriac and signing a false confession would make a liar out of me. Nevertheless, the forms still went forward as ‘evidence’ of my ‘treatment resistance’ and ‘non-cooperation’.
Even if I pushed myself to do an exercise program that I worked out for myself: when I got so far, and then, inevitably, came the crash, all my progress and ‘cooperation’ up to that point, was as nothing, and I was‎ ‘resisting treatment’ all along.
You really can’t win if you are physically ill in a mental unit. Whether you try to cooperate or not, if you are physically ill, you will always end up put down as a trouble-maker when you can’t do the physical things that the actually mentally ill people around you can do.
Your reputation precedes you wherever you go, and as soon as nurses and other staff look at your notes, you are likely to be greeted with a scowl, unless you are very clearly in serious trouble that they can see you aren’t faking or imagining.
Steve goes on to say that things have improved since he got a better GP, which goes to show how important your GP’s attitude can be. The expertise (or otherwise) of GPs concerning ME has been the subject of much of my Twitter feed recently. I may continue that discussion in the next post here…

The NICE Guidelines – Starting Again?

N.B. Please sign the NICE Guidelines Committee petition – see below.

There was some encouraging feedback from the recent NICE ME/CFS Guidelines Stakeholder meeting, an early milestone in the long process of revising the guidelines. But was such encouragement justified? I wasn’t there myself, so I am grateful to those who attended on our behalf. Blogger and patient advocate Sally Burch reported that Guidelines Director Prof Mark Baker declared: “We’re going to tear it up and start again. We won’t allow it to look the same” while Prof Jonathan Edwards reported as follows (writing in the Science for ME forum):

“What intrigued me most was the elephant in the room – the reason why we were there at all, which was not mentioned once by the speakers from the floor and I suspect hardly at all even in the groups – the need to remove recommendations for CBT and GET. It nevertheless became clear that the NICE staff were absolutely clear that this was why we were there and that they had taken on board that this was not an issue for a few minority activists but essentially for all patients. At our table the facilitator said ‘I presume everyone here is agreed on that’ – despite the fact that a paediatrician and an occupational therapist were present who I suspect may not have realised this was why we were there and for whom these remained standard practice”.

All this talk of ‘tearing it up’ and scrapping CBT and GET was less in evidence however, in the letters which Prof Baker exchanged with Kathleen MCCall (who was representing the Trustees of Invest in ME). Writing in advance of the Stakeholder meeting, Prof Baker wrote: “I appreciate that the existing recommendations are a matter of concern to some patients and groups and we will give some consideration to whether we need to modify or omit any of the existing recommendations during the development of the new guideline”.

This does not exactly sound like ‘tearing up and starting again’ so when the feedback from the meeting emerged, Invest in ME wrote again to question the discrepancies. This time, Prof Baker’s response was of particular interest. He wrote:

“I did indeed say that we will fully replace the guideline and start again…. However, it does not mean that we reject everything that is in the current guideline.”

So this sounds like parts of the guidelines are to be torn up then reinstated, which is easy enough with a roll of sticky tape but a bit confusing for those trying to gauge the mood music at NICE. Prof Baker goes on to explain:

“The problem is, I believe, in the unthinking and ill-informed manner in which the recommendations are imposed on people for whom they are not intended and/or not suitable… I was struck by some of the stories at the workshop about the misuse of the current recommendations and the disturbing extent to which they are imposed on people who are unlikely to benefit from them and for whom alternative approaches would be sensible… The current wording makes clear that patient agreement is required but I imagine that consent is not usually sought and that patients are not considered to have rights to refuse (which they invariably do have in fact).”

So it seems that Prof Baker is at least convinced of the need to safeguard severely ill patients, who do indeed all too often have GET imposed upon them – in clear violation of the existing guidelines. This crucial change is to be encouraged, of course, as is the need for all patients to be informed they have the right to refuse treatment. How exactly this is to be achieved is another matter however. As “the current wording makes clear that patient agreement is required”, what do you do to ensure such agreement is sought? Perhaps the addition of the words “we really mean it this time” in bold print would do the trick. The wholesale removal of GET from the guidelines would be more effective, I suspect, but to judge by Prof Baker’s letter to Invest in ME, that doesn’t appear to be on offer.

He says: “scrapping the entire guideline now would be massively counter-productive as it would almost certainly result in the withdrawal of the already dwindling number of services available to people with ME. Therefore, a rather more limited approach would be required to protect what is good whilst modifying what may be harmful”.

So in spite of saying he wants to tear the whole thing up and start again, Prof Baker clearly believes that bits of it are good and need to be protected. I can’t avoid the growing suspicion that these bits might include CBT and GET. Indeed, if not CBT and GET then what? A large part of our problem is that when it comes down to what purports to be ‘evidence-based’, there isn’t anything else. Of course the ‘evidence’ for CBT and GET is extremely unconvincing, as David Tuller and others have illustrated time and again, and the reason there isn’t the evidence for anything else is that CBT and GET – and the misapprehension about the condition which their adoption has brought into being – have effectively put paid to biophysical research for many decades. This sad circumstance may give us the moral high ground – from the perspective of those who understand – but it doesn’t actually help.

As Jonathan Edwards puts it: “All in all it seems to me that something important has been achieved but there is still more work to do. NICE are very clear that the great majority of patients believe that CBT and GET are worse than useless. They realise that a committee must not be made up entirely of psychiatrists. However, when the committee comes to look at the evidence the only evidence for treatments working they will find will be on CBT and GET. It is going to be hard for them to not at least mention that there is supposed to be some evidence. Hopefully that will not be followed by a recommendation. However, I sense an attitude even amongst physicians and paediatricians that if CBT and GET are not available they will have nothing to offer. A lot of doctors find that uncomfortable. They should not but they do. So there will be a tendency for CBT and GET to remain in the guidelines even if watered down. That will depend to a degree on who is on the committee. That needs some thought. Applications are being taken in June and July.”

So yes indeed, the personnel on the committee will be of vital importance. Graham McPhee, John Peters, Sally Burch and numerous other patient advocates have written a letter to NICE requesting that the committee members are chosen with openness and integrity. They have also produced a petition which anyone can sign. Over 2,700 have done so already. If you haven’t signed yet, please consider joining them.

This is important. As Jonathan Edwards says, doctors feel uncomfortable if they have nothing to offer. This unfortunate fact is the reason why so many patients with physical illnesses over the years have been treated as though they have a mental health issue. It probably won’t help the patient but it’s better for the doctor than feeling powerless.

Sad to say, CBT and GET may remain in the guidelines for this reason, if for no other. They haven’t been torn up yet. We can’t even be sure that Prof Baker’s proposed amendments to avoid the inappropriate imposition of these ‘treatments’ will be acted upon, as he is due to retire before the new guidelines are finalised.

It is good that many patient advocates attending the meeting left with a good feeling about it but, as I am sure they realise, the battle is far from over yet. As a starter, we need the right people on the guidelines committee. Don’t forget to sign that petition

Update: Apologies for my previous PS about the Royal College of Physicians (which I’ve now removed). It turns out I was quoting the wrong Royal College from the table. I hate to spread misinformation so many thanks to Annie who left a comment to set me straight. Nevertheless, as she points out, there is no reason for undue confidence in the RCP who are to take a leading role in the guidelines revision. Annie writes as follows:

“Excellent summary of where things stand so far with the review of the NICE guidelines.

“One point though the worrying comment you cite from the stakeholders comments during last summer’s consultation exercise was made by the Royal College of GP’s, not the Royal College of Physicians if I am reading the table correctly on page 89? Nonetheless, the Royal College of Physicians said they endorsed the comments of the Royal College of Psychiatrists and the neurologists whose submissions were poor and inaccurate and did not want the guidelines updated, so I am still not filled with confidence having the Royal College of Physicians so heavily involved.”

 

Have You Been Harmed by PACE?

Dr Sarah Myhill has written a comprehensive letter of complaint to the General Medical Council about the conduct of the authors of the PACE Trial. You can find the full text here. This is a courageous letter which states very publicly and unequivocally what a great many patients have been saying for some time: that in the way they have conducted the Trial, the PACE authors are guilty of fraud.

Dr Myhill is asking for patients who have been harmed by the Trial to support her by sharing their experience with the GMC using a template letter which can find it in a Word document here. Please try to find the time and energy to do this if your health allows. Dr Myhill is taking on a lot in trying to help patients in this way. I believe she deserves the support of us all in return.

Craig Robinson, from Dr Myhill’s team, explains in more detail as follows:

*** DR MYHILL HAS COMPLAINED TO THE GMC ABOUT THE PACE AUTHORS ***

*** SHE WANTS YOUR HELP ***

**PLEASE DO COPY YOUR LETTER OF SUPPORT TO cr648@hotmail.co.uk – if you feel comfortable with doing so**

PLEASE SHARE THIS POST AS WIDELY AS POSSIBLE. THIS COMPLAINT IS IN THE PUBLIC DOMAIN.

The GMC is the UK doctor’s regulatory authority – the General Medical Council. Patient support is sought from all patients who feel they have been harmed by PACE. You do not have to be a UK citizen.

PACE is the study ‘Comparison of adaptive pacing therapy, cognitive behaviour therapy, graded exercise therapy, and specialist medical care for chronic fatigue syndrome (PACE): a randomised trial. (2011)’, published in The Lancet.

SEVEN other medical doctors are supporting this complaint but wish to remain anonymous – they are concerned about the impact of such “whistle-blowing” on their future careers within and without the NHS.

The complaint is one of Fraud, namely:
–fraud by false representation
–fraud by failing to disclose information
–fraud by abuse of position

There are also numerous breaches of:
–GMC Guidance on Good Medical Practice
–GMC Guidance on Good Practice in Research
–GMC Guidance on Consent to Research

Dr Myhill is asking for your help.

Please read the letter of complaint and also the ‘PACE patient support letter‘.

HELPING DR MYHILL

We want people who have been harmed by PACE to write in support of this complaint. You are free to use the PACE patient support template letter. You could have been harmed in any of these ways and possibly others too (please see further notes about this further down the post) :

• suffered damage (including physical, mental or emotional distress) as a result of CBT.
• suffered damage (including physical mental or emotional distress) as a result of GET.
• been denied disability benefits because the physical nature of your disease has not been properly recognised and/or you have been told you have a psychological condition.
• have been denied industrial compensation for your disease because the physical nature of your disease has not been properly recognised and/or you have been told you have a psychological condition.
• have been denied referral or funding for referral to a physician specialising in the biomedical approach to treating CFS/ME.

You do NOT have to have been diagnosed or have fallen ill with CFS/ME after PACE was published [March 2011] to support this complaint.

So, for example if you were diagnosed/fell ill in 1980, but have recently been refused benefits as a result of PACE [for example, for not engaging in CBT or because your illness was considered psychological) or maybe you have suffered mental distress as a result of PACE (for example, benefit applications were more stressful because your illness was considered psychological) then you CAN support this complaint. It will help our case to have as many support letters as possible.

If you feel you have even the smallest ‘case’ for inclusion then please do submit a letter of support – it is incumbent on the GMC to prove that you have not been so affected, not for you to prove that you have!

Please do email if you are in doubt or need help phrasing why you have been harmed by PACE. Please be patient – we will respond as quickly as possible. See the hotmail email address below.

Just put your reasons for supporting this complaint in the relevant section in the PACE patient support letter and fill in any other portions that need filling in [all marked in red] and then:

1–email it to TStephenson@gmc-uk.org – Sir Terence Stephenson is the Chair of the GMC

2–if you can, please send your letter by post too, here is the address –
Sir Terence Stephenson
General Medical Council
Fitness to Practise Directorate
3 Hardman Street
Manchester, M3 3AW.

3—if you feel comfortable with doing so, please can you copy your letter of support to Dr Myhill at cr648@hotmail.co.uk [in the past the GMC have denied receiving letters of support and having physical copies to collate and send to them has been a very powerful tool]

GENERAL COMMENTS

We cannot engage in a running commentary on progress but will give updates as and when possible and necessary.

We know that GMC employees or people who report to the GMC are members of the Dr Myhill groups and so we do have to be circumspect.

You may feel that the letter of complaint could be improved – good!

In 15 years of dealing with the GMC, and other regulatory bodies, one thing above all has become clear: these regulatory investigations are like a game of chess. A marathon not a sprint. You have to plan 6 moves in advance…

Essentially, we are saying – trust us! Between us we have won 30 GMC cases as defendants and numerous cases across many regulatory bodies as complainants.

Thank you.

Here’s Craig again with an update:

N.B. The harm done to you does NOT have to fall within the 5 broad categories listed in the template letter. ANY harm or ANY DISTRESS caused by PACE is ”enough”. See as follows for an example of how another patient has put it in her great letter:

  • I have suffered mental distress as a result of PACE. For example, benefit applications, and assessments were more stressful because my illness was considered psychological
  • Visits to doctors, and consultants, and NHS emergency departments are more stressful because my illness is considered psychological.
  • I am denied treatment because my illness is considered psychological
  • I am accused of wasting time, and lying, and treated with contempt and suspicion because my illness is considered psychological
  • My word and experience is dismissed because my illness is considered psychological, and I am labelled as ‘mentally ill’.
  • I am labelled as a delusional patient because of negative connotations implied by doctors and NHS staff.
  • It appears all my other health issues, and concerns are now considered psychological, and therefore dismissed as imaginary
  • I experienced extreme trauma, HARM & LOSS because my illness was considered psychological
  • I was targeted, and harmed after complaining, because my illness was considered psychological
  • I am denied compensation for my disease because the physical nature of it has not been properly recognised and/or told I have a psychological condition
  • It is my belief PACE WAS AT THE ROOT OF THESE PROBLEMS