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. It clarifies the legal position regarding such innovations, protecting doctors from negligence claims if they follow the bill's guidelines.

Description

This bill seeks to promote responsible innovation in medical treatments. It states that it is not negligent for a doctor to deviate from standard medical practices if their decision is made responsibly. This responsibility includes:

• Consulting with other qualified doctors.
• Considering patient views and preferences.
• Assessing risks and benefits of the proposed treatment and alternative treatments.
• Obtaining necessary consents.
• Complying with professional requirements for registering the treatment and its outcomes in a scheme for capturing the results of innovative treatment, including positive and negative results, and information about small-scale treatments and patients’ experiences.
• Maintaining thorough and transparent record-keeping.

The bill clarifies that this does not apply to treatments for medical research or solely cosmetic purposes. Existing common law relating to medical negligence remains unaffected.

Government Spending

The bill does not directly specify any new government spending. However, implementation might necessitate funding for the scheme for capturing the results of innovative treatment, but the specific amount is not detailed in this bill text.

Groups Affected

• Doctors: The bill directly impacts doctors in England and Wales, providing them with greater legal protection when innovating in treatment, but also placing a responsibility on them to document their decisions carefully.
• Patients: Patients may benefit from access to innovative treatments, but also bear the risks associated with such treatments. The bill emphasizes the doctor's obligation to consider patients' views and preferences.
• Medical regulatory bodies: These bodies will likely need to adapt their guidelines and oversight to reflect the changes introduced by the bill.

Powered by nyModel