A WIDOWER has demanded a change in the law after his wife was denied chemotherapy for bowel cancer on the NHS because she paid privately for life-extending drugs.

Linda O'Boyle, 64, and husband Brian, 74, both retired NHS workers, decided to pay for drug cetuximab in addition to NHS treatment after her consultant said it might prolong her life.

The decision meant she was considered a private patient and had to pay for her NHS treatment as well, because the Government has banned patients mixing public and private care. Mrs O'Boyle died on March 26 this year.

Mr O'Boyle, who was a health manager for 30 years before his retirement, blames the Government and South West Essex Primary Care trust for the system which saw them paying out £11,000 for private treatment, including cetuximab and chemotherapy.

He said: "I am speaking out because it might help other people in the future.

"If someone needs a specific drug that is felt will help their treatment, it should be available.If it is not, and the patient chooses to pay, they should continue to get their other treatment on the NHS."

Mr O'Boyle said he and Linda, who was an assistant occupational therapist, were angry at the decision.

He blames Health Secretary Alan Johnson, who last year issued guidance to NHS trusts telling them not to permit patients to pay or additional medicines.

Mr Johnson claims co-payment would create a two-tier NHS, with preferential treatment for patients who buy extra drugs.

Mr O'Boyle, of Tensing Gardens, Billericay, said: "The buck stops with him, but the PCT can also use their discretion and allow patients to be given certain drugs, and that is what bugs me.

"Linda told me they just did not think she was worth helping and had put her on the dump and sent her to die.

"That was her initial reaction. It was a huge shock."

Mr O'Boyle, who has three children and four grandchildren, blames the system, but said the care of doctors, nurses and the GP were exemplary.

He said: "The chemotherapy was doing no good. Her consultant suggested cetuximab, which he felt could help.

"He said he was 80 per cent sure he could get it approved at an ethics committee. But the next day he said it had been turned down and was dumbfounded.

"I wrote to the hospital and asked how much it would cost, but they said it could not be done and we would have to pay for everything."

After heartfelt discussions, they decided to use savings to pay for the treatment, but because of side effects Mrs O'Boyle had to stop taking cetuximab after six weeks.

He added: "I still think it extended her life by three months, so don't regret doing it, but the system needs to be changed."