Medical Innovation Bill [HL]
Official Summary
A Bill To make provision about innovation in medical treatment.
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Overview
The Medical Innovation Bill aims to encourage doctors in England and Wales to try new medical treatments outside of established practices, provided they do so responsibly and accountably. The bill clarifies the legal position of doctors using innovative approaches, reducing the risk of negligence claims when following a responsible process.
Description
This bill focuses on "responsible innovation" in medical treatment. It states that it's not negligent for a doctor to use a treatment outside the currently accepted range, if the decision is made responsibly. This responsible decision-making process requires several key steps:
- Consulting other appropriately qualified doctors about the proposed treatment.
- Carefully considering the patient's views and wishes.
- Thoroughly evaluating the risks and benefits of the new treatment compared to established options and inaction.
- Obtaining all legally required consents.
- Complying with professional requirements, including registering the treatment in a scheme designed to track results and patient experiences.
- Making the whole process accountable and transparent through detailed record-keeping.
The bill clarifies that it doesn't apply to research, purely cosmetic treatments, or situations where the treatment isn't in the patient's best interest. It also doesn't change existing common law regarding responsible medical opinion supporting unconventional treatments.
Government Spending
The bill doesn't directly specify government spending. The potential costs will likely relate to administrative aspects of implementing the new reporting and registration schemes required for innovative treatments.
Groups Affected
- Doctors: The bill directly impacts doctors, providing them with greater legal protection for responsible innovation, but also imposing new requirements for record-keeping and consultation.
- Patients: Patients may benefit from access to innovative treatments not otherwise available. They also have their rights and views explicitly considered in the decision-making process.
- Medical Regulators: These bodies might see an increased workload with the implementation of new registration and data-gathering schemes required by this bill.
- Insurers: The impact on insurance costs would likely depend on the success and safety of the innovative treatments, which may influence the frequency of claims.
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