Overview

This bill aims to encourage responsible medical innovation while preventing reckless departures from standard treatment practices. It clarifies the legal position of doctors who deviate from established treatments to provide potentially better care for their patients, emphasizing the importance of a responsible and accountable process.

Description

The Medical Innovation Act 2013 seeks to define "responsible innovation" in medical treatment. It states that it is not negligent for a doctor to deviate from standard practice if their decision is made responsibly. This responsible innovation must consider several factors:

• The reasons for insufficient or unclear research evidence (especially regarding rare conditions).
• The relative risks and potential success rates of the proposed and standard treatments.
• The likely consequences of using or not using the proposed treatment.
• Patient opinions and requests.
• Any other relevant factors the doctor deems necessary.

The bill mandates an accountable and transparent decision-making process, potentially involving multi-disciplinary teams, notification to responsible officers (as defined in the Medical Act 1983), and explanation to the patient. Crucially, the bill does not permit treatment without consent or treatment outside the patient's best interests.

Government Spending

The bill does not directly specify any increase or decrease in government spending. Its impact on spending would likely be indirect and depend on factors such as the uptake of innovative treatments and any subsequent adjustments to healthcare budgets.

Groups Affected

• Doctors: The bill directly affects doctors by providing legal clarity concerning responsible innovation. It could potentially reduce their legal liability for using novel treatments when done responsibly.
• Patients: Patients with conditions where standard treatments are ineffective or unsuitable could potentially benefit from access to innovative treatments.
• Medical Researchers: The bill could indirectly support medical research by creating a less risk-averse environment for testing and applying novel treatments.
• Healthcare Providers: Healthcare systems may face adjustments to adapt to the implementation of innovative treatments.

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