MDU fears Medical Innovation Bill may confuse rather than clarify doctors' position
Responding to the consultation on the Medical Innovation Bill[1], the Medical Defence Union, which indemnifies 50% of UK doctors, said it has concerns about the potential for confusion if the draft bill became law.
Dr Michael Devlin, Head of Professional Standards and Liaison, said:
"Our main concern about the proposed legislation is that it has the potential to cause considerable confusion among doctors and may actually impede medical innovation. This is because doctors thinking of using a new approach or procedure would have to consider the effect of the Bill, which would be an additional process.
"Calls to our 24-hour advice line from doctors about innovation, show that doctors are not being deterred from innovating. Their queries are about the process of getting patient consent when considering new treatments, and the GMC’s stance on the use of unlicensed drugs.
"Queries about innovation in the context of surgical or other invasive procedures are rare. In our experience such novel treatments usually take place in the context of research projects which have already been carefully considered and approved by research ethics committees. Recently, members have wanted advice about matters such as the ethical and legal implications of new technology in medical practice, such as the use of online consultations, apps and web-based discussion forums.
"We see no need for new legislation and are happy to reassure doctors that medical innovation should not leave them open to an increased threat of litigation, so long as they can show they acted in accordance with current legal and ethical principles governing clinical practice."
The MDU believes the current legal position is clear. It explained that doctors considering innovative treatment need not fear litigation if they apply the following principles:
• appropriate safeguards should be in place;
• there are good reasons for departing from accepted practice;
• the patient fully understands what is proposed and why the doctor believes it is in their best interests; and
• the patient has given consent.
[1] - The MDU's response to 'Legislation to encourage medical innovation – A consultation' is available at themdu.com
