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by Munro Research

Medical Innovation Bill [HL]


Official Summary

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Overview

This bill aims to clarify the legal position of doctors who use innovative treatments when standard, evidence-based options are insufficient or unavailable. It seeks to encourage responsible innovation while deterring reckless practices, ultimately aiming to improve patient care in situations with limited treatment options.

Description

The Medical Innovation Bill codifies best practices for doctors innovating in the absence of sufficient evidence-based treatments. It outlines factors doctors must consider when deviating from standard practice, including:

  • Reasons for insufficient evidence (e.g., rare conditions).
  • Relative risks and likely success rates of proposed and alternative treatments.
  • Likely consequences of using or not using the proposed treatment.
  • Patient opinions and requests.
  • Other relevant factors.

The bill mandates that doctors consider accountable and transparent decision-making processes, potentially involving multi-disciplinary teams and notification to responsible officers. It explicitly states that following these guidelines does not constitute negligence. However, it does not permit treatment without consent or treatment for purposes other than the patient's best interests. The General Medical Council can issue guidance, but failure to follow it won't automatically lead to liability. The bill also encourages the NHS to support responsible innovation where evidence is lacking.

Government Spending

The bill doesn't directly specify government spending. Its impact on spending is likely indirect, potentially increasing costs associated with innovative treatments if adopted widely. No figures are provided in the bill text.

Groups Affected

  • Doctors: Provides legal clarity and protection for responsible innovation, but also imposes a duty of care and transparent decision-making.
  • Patients: May benefit from access to innovative treatments not otherwise available, but also bear the risks associated with less-established approaches.
  • NHS: May face increased costs associated with the adoption of innovative treatments. The bill encourages the NHS to support responsible innovation.
  • General Medical Council (GMC): Given the power to issue guidance on the application of the bill.
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