CHASKALSON P
with such cases was described by Sir Thomas Bingham MR in a passage cited by
Combrinck J from the judgment in R v Cambridge Health Authority, ex parte B:13
“I have no doubt that in a perfect world any treatment which a patient, or a patient’s
family, sought would be provided if doctors were willing to give it, no matter how much
it cost, particularly when a life was potentially at stake. It would however, in my view, be
shutting one’s eyes to the real world if the court were to proceed on the basis that we do
live in such a world. It is common knowledge that health authorities of all kinds are
constantly pressed to make ends meet. They cannot pay their nurses as much as they
would like; they cannot provide all the treatments they would like; they cannot purchase
all the extremely expensive medical equipment they would like; they cannot carry out all
the research they would like; they cannot build all the hospitals and specialist units they
would like. Difficult and agonising judgments have to be made as to how a limited budget
is best allocated to the maximum advantage of the maximum number of patients. That is
not a judgment which the court can make.”
[31]
One cannot but have sympathy for the appellant and his family, who face the cruel
dilemma of having to impoverish themselves in order to secure the treatment that the
appellant seeks in order to prolong his life. The hard and unpalatable fact is that if the
appellant were a wealthy man he would be able to procure such treatment from private
sources; he is not and has to look to the state to provide him with the treatment. But the
state’s resources are limited and the appellant does not meet the criteria for admission
to the renal dialysis programme. Unfortunately, this is true not only of the appellant but
of many others who need access to renal dialysis units or to other health services. There
13
[1995] 2 All ER 129 (CA) at 137d–f.
17