Stop the Saatchi Bill

Driven by an extraordinary two-year PR campaign on social media and a supportive newspaper partner, this all started as Lord Saatchi’s Medical Innovation Bill, metamorphosed through several versions, and was resurrected under a new name by Chris Heaton-Harris, before finally clearing its last hurdle in the Lords this week to become the Access to Medical Treatments (Innovation) Act.
Pretty much the only thing they share is the word 'Innovation' in the title.

One day, it may be possible for politicians to ask the people who actually work in the medical field: what are the problems you face, and how can we help you overcome them?

One day, politicians may actually listen to the answers they receive, and thus try to tackle genuine problems rather than imagined ones.

One day, politicians, medics, researchers, lawyers, patient groups, charities, and the public, may work together to overcome the barriers to the development and provision of new treatments.

But it is not this day.

Read more: Not this day

Who could be against a Medical Innovation Bill?

The Medical Innovation Bill, known as the Saatchi Bill, has been introduced to Parliament by Lord Saatchi with the aim of helping “doctors to innovate new treatments and cures safely and responsibly for cancer and other diseases.”

We do not believe the Bill will have this effect.

Indeed, it might have precisely the opposite effect and put patients at risk from mavericks and quacks. Many doctors, legal experts, organisations and charities have expressed serious concerns with the Bill and even whether it is required.

The team responsible for the Bill have amended their draft, but the amendments would appear to have little effect.

If this Bill becomes law, it could remove vital protections from patients and hinder real research into currently difficult to treat diseases. Please support us and let your MP know about your concerns.

“There are many patients that we can’t cure, but no patients we can’t hurt.”

— Prof Michael Baum

 

General Medical Council

We are however concerned that legislation which aims to clarify and encourage good practice in terms of when medical innovation is responsible could have the opposite effect as well as unintentionally weaken the principles which we regard as fundamental to safe, effective patient care. We take the view, therefore, that legislation is both unnecessary and undesirable.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:32:12+00:00

We are however concerned that legislation which aims to clarify and encourage good practice in terms of when medical innovation is responsible could have the opposite effect as well as unintentionally weaken the principles which we regard as fundamental to safe, effective patient care. We take the view, therefore, that legislation is both unnecessary and undesirable.

The Nightingale Collaboration

Without the main assumption of the Bill — that doctors are unwilling to innovate because of fears of litigation — being substantiated, the whole Bill disintegrates.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:39:12+00:00

Without the main assumption of the Bill — that doctors are unwilling to innovate because of fears of litigation — being substantiated, the whole Bill disintegrates.

Motor Neurone Disease Association

It is the bedrock of medical ethics that treatments must be both safe and efficacious, and these principles serve well to strike a balance that allows scientifically proven new treatments to be promoted without making it easy to exploit vulnerable people with a serious illness. We fear that the provisions of this Bill could undermine this position, and unintentionally open the door to the exploitation of people with MND.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:22:31+00:00

It is the bedrock of medical ethics that treatments must be both safe and efficacious, and these principles serve well to strike a balance that allows scientifically proven new treatments to be promoted without making it easy to exploit vulnerable people with a serious illness. We fear that the provisions of this Bill could undermine this position, and unintentionally open…

Academy of Medical Sciences, Medical Research Council and Wellcome Trust

The Bill is concerned with medical innovation yet does not itself deal with the conduct of research. We feel that innovation and research are intimately linked since innovation requires an evidence base if it is to be put into practice, which is unachievable using data obtained from a single patient (or a small number of patients).
Medical Innovation Bill Saatchi Bill
2014-06-03T23:12:09+00:00

The Bill is concerned with medical innovation yet does not itself deal with the conduct of research. We feel that innovation and research are intimately linked since innovation requires an evidence base if it is to be put into practice, which is unachievable using data obtained from a single patient (or a small number of patients).

The Nightingale Collaboration

We therefore urge that decisions on this Bill are not made on emotion, anecdotes or unevidenced grounds.

The Bill should not become law.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:39:57+00:00

We therefore urge that decisions on this Bill are not made on emotion, anecdotes or unevidenced grounds. The Bill should not become law.

The Academy of Medical Royal Colleges

Individual medical Royal Colleges will have their own views but the overall general opinion of the Academy is that we do not believe the Bill should become law.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:08:50+00:00

Individual medical Royal Colleges will have their own views but the overall general opinion of the Academy is that we do not believe the Bill should become law.

Academy of Medical Sciences, Medical Research Council and Wellcome Trust

We question the practicality of implementation if it becomes law, as well as the appropriateness of legislation as a means to encourage innovation.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:11:11+00:00

We question the practicality of implementation if it becomes law, as well as the appropriateness of legislation as a means to encourage innovation.

Motor Neurone Disease Association

Even if our fears were to prove unfounded, we must also observe that the Bill would not remedy the problem it is aimed at, for such a problem does not exist: uncertainty around the law or fear of litigation do not, as far as we can see,dissuade doctors from trying new treatments.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:23:08+00:00

Even if our fears were to prove unfounded, we must also observe that the Bill would not remedy the problem it is aimed at, for such a problem does not exist: uncertainty around the law or fear of litigation do not, as far as we can see,dissuade doctors from trying new treatments.

Price Slater Gawne

Lord Saatchi has a name that is associated with advertising and the media. The media currently (possibly at the behest of the Government) is beating a drum that sends out a message suggesting that doctors live in perpetual fear of litigation. It is not clear where this information has come from. There is no statistical or empirical evidence to back up that suggestion, nor is there any suggestion of defensive medicine being practised. Once again, it would appear that Daily Mail headlines and alarmist reporting about compensation culture is being used as a justification for ill thought out legislation.
Medical Innovation Bill Saatchi Bill
2014-06-05T11:51:57+00:00

Lord Saatchi has a name that is associated with advertising and the media. The media currently (possibly at the behest of the Government) is beating a drum that sends out a message suggesting that doctors live in perpetual fear of litigation. It is not clear where this information has come from. There is no statistical or empirical evidence to back…

The Academy of Medical Royal Colleges

It seems to give licence to be selective in the opinions which the doctor seeks and ignore views which do not accord with the doctors own opinion. If this is what is actually intended we do believe it is completely inappropriate.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:08:17+00:00

It seems to give licence to be selective in the opinions which the doctor seeks and ignore views which do not accord with the doctors own opinion. If this is what is actually intended we do believe it is completely inappropriate.

Motor Neurone Disease Association

The Bill has no place on the statute book.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:25:06+00:00

The Bill has no place on the statute book.

Robert Francis QC, author of the two Mid-Staffordshire NHS Foundation Trust enquiries

There is an alarming lack of accountability or scrutiny or other safeguard built into the Bill.   It explicitly frees the doctor to offer treatment which has no support from responsible medical opinion.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:28:51+00:00

There is an alarming lack of accountability or scrutiny or other safeguard built into the Bill.   It explicitly frees the doctor to offer treatment which has no support from responsible medical opinion.

Action against Medical Accidents

The Bill would have serious unintended consequences for patient safety and access to justice for patients harmed by clinical negligence.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:34:22+00:00

The Bill would have serious unintended consequences for patient safety and access to justice for patients harmed by clinical negligence.

Royal College of Radiologists

In our view the draft Bill should not become law. Fundamentally, we do not believe this legislation is needed. We do not feel that doctors are constrained as regards innovation and we believe that the current structures provide the appropriate checks and balances.
Medical Innovation Bill Saatchi Bill
2014-06-03T20:29:00+00:00

In our view the draft Bill should not become law. Fundamentally, we do not believe this legislation is needed. We do not feel that doctors are constrained as regards innovation and we believe that the current structures provide the appropriate checks and balances.

Cancer Research UK

We have been unable to find evidence that fear of medical litigation is currently a barrier to innovation in cancer.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:20:57+00:00

We have been unable to find evidence that fear of medical litigation is currently a barrier to innovation in cancer.

The British Medical Association

The BMA strongly believes that the draft Bill should not become law and, for the reasons outlined in this response, does not believe that primary legislation which focuses on redefining clinical negligence is the best mechanism to promote or encourage responsible innovation.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:20:27+00:00

The BMA strongly believes that the draft Bill should not become law and, for the reasons outlined in this response, does not believe that primary legislation which focuses on redefining clinical negligence is the best mechanism to promote or encourage responsible innovation.

The British Medical Association

We have no evidence to suggest that the threat of litigation is a barrier to the provision of innovative treatment of this kind and we strongly question the necessity and desirability of introducing statute to clarify or change the law in this area.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:18:55+00:00

We have no evidence to suggest that the threat of litigation is a barrier to the provision of innovative treatment of this kind and we strongly question the necessity and desirability of introducing statute to clarify or change the law in this area.

The British Medical Association

The BMA strongly believes that this Bill should not become law and, for the reasons outlined in this response, does not believe that primary legislation which focuses on redefining clinical negligence is the best mechanism to promote or encourage responsible innovation, should there be a need to do so, when other more suitable alternative approaches exist. The draft Bill is therefore unnecessary, risks removing important protections for patients and could encourage reckless practice, with attendant risks for patient safety.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:18:11+00:00

The BMA strongly believes that this Bill should not become law and, for the reasons outlined in this response, does not believe that primary legislation which focuses on redefining clinical negligence is the best mechanism to promote or encourage responsible innovation, should there be a need to do so, when other more suitable alternative approaches exist. The draft Bill is…

Nick Ross

However, this Bill almost wholly misses the point.

It is stuck in a nineteenth century concept of medical practice before ideas of evidence-based or even socialised medicine had taken hold. Innovation is so poorly defined in the Bill that it would open the door to all sorts of misconduct. Indeed, under the guise of innovation it would entrench old-fashioned malpractice and quackery.
Medical Innovation Bill Saatchi Bill
2014-06-04T22:51:41+00:00

However, this Bill almost wholly misses the point. It is stuck in a nineteenth century concept of medical practice before ideas of evidence-based or even socialised medicine had taken hold. Innovation is so poorly defined in the Bill that it would open the door to all sorts of misconduct. Indeed, under the guise of innovation it would entrench old-fashioned malpractice and quackery.

NHS Litigation Authority

In other words, innovating doctors are covered for professional negligence purposes via the trust’s membership of CNST, and we do not withdraw indemnity simply because innovative treatment has been given. NHS clinicians can therefore be assured that their liabilities will be met by NHS LA in these circumstances.
Medical Innovation Bill Saatchi Bill
2014-06-04T22:40:07+00:00

In other words, innovating doctors are covered for professional negligence purposes via the trust’s membership of CNST, and we do not withdraw indemnity simply because innovative treatment has been given. NHS clinicians can therefore be assured that their liabilities will be met by NHS LA in these circumstances.

Robert Francis QC, author of the two Mid-Staffordshire NHS Foundation Trust enquiries

There does not appear to by anything to stop the Bill applying to treatment and practices believed to be dangerous to patients and which are not innovative, but which have been tried, tests, and found wanting.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:29:19+00:00

There does not appear to by anything to stop the Bill applying to treatment and practices believed to be dangerous to patients and which are not innovative, but which have been tried, tests, and found wanting.

The Nightingale Collaboration

We do not believe that the Bill is capable of being amended in such a way as to raise the protection of patients to an acceptable level. Also, given that we are not aware of any need for the Bill in the first place, it is unlikely we could support an amended Bill.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:38:37+00:00

We do not believe that the Bill is capable of being amended in such a way as to raise the protection of patients to an acceptable level. Also, given that we are not aware of any need for the Bill in the first place, it is unlikely we could support an amended Bill.

NHS Litigation Authority

We believe that this clause, as drafted, is problematical because (3)(b) envisages that responsible innovation could occur even where the proposed treatment “does not or would not have” support from a responsible body of medical opinion. This wording arguably places too great an emphasis upon the opinion of the individual doctor involved. There is no reference to research or to peer review. Both are essential considerations in our view.
Medical Innovation Bill Saatchi Bill
2014-06-04T22:43:46+00:00

We believe that this clause, as drafted, is problematical because (3)(b) envisages that responsible innovation could occur even where the proposed treatment “does not or would not have” support from a responsible body of medical opinion. This wording arguably places too great an emphasis upon the opinion of the individual doctor involved. There is no reference to research or to…

The Patients Association

As things stand the Patients Association would oppose this Bill.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:31:30+00:00

As things stand the Patients Association would oppose this Bill.

Motor Neurone Disease Association

These clauses do not appear to offer any safeguard against the inappropriate or exploitative use of unproven treatments.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:23:38+00:00

These clauses do not appear to offer any safeguard against the inappropriate or exploitative use of unproven treatments.

Royal College of Radiologists

If the doctor considers that the proposed treatment would not have the support of a responsible body of medical opinion, as outlined in clause 1(3), and would therefore not satisfy the Bolam test if challenged in court, then the overwhelming likelihood is that the treatment will not be of value and there is a significant risk that it may be harmful.
Medical Innovation Bill Saatchi Bill
2014-06-03T20:26:11+00:00

If the doctor considers that the proposed treatment would not have the support of a responsible body of medical opinion, as outlined in clause 1(3), and would therefore not satisfy the Bolam test if challenged in court, then the overwhelming likelihood is that the treatment will not be of value and there is a significant risk that it may be…

Medical Defence Union

The MDU does not have any experience or evidence to suggest that doctors are deterred from innovating by the fear of litigation.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:21:25+00:00

The MDU does not have any experience or evidence to suggest that doctors are deterred from innovating by the fear of litigation.

Royal College of Radiologists

Relaxation of these governance mechanisms, which this Bill proposes, risks exposing vulnerable and desperate patients to false hope, futile and potentially harmful (and expensive) treatments.
Medical Innovation Bill Saatchi Bill
2014-06-03T20:27:35+00:00

Relaxation of these governance mechanisms, which this Bill proposes, risks exposing vulnerable and desperate patients to false hope, futile and potentially harmful (and expensive) treatments.

Royal College of Physicians

The RCP does not have significant evidence (anecdotal or through case examples) from our members and fellows, nor we understand do two medical protection organisations, that litigation or potential litigation is a substantial or primary deterrent to clinicians’ use of innovative treatment.
Medical Innovation Bill Saatchi Bill
2014-06-03T17:46:16+00:00

The RCP does not have significant evidence (anecdotal or through case examples) from our members and fellows, nor we understand do two medical protection organisations, that litigation or potential litigation is a substantial or primary deterrent to clinicians’ use of innovative treatment.

Kingsley Napley LLP

In our experience, doctors are not deterred from innovation by the possibility of litigation.

Current case law provides protection to doctors for any treatment they give which would be supported by a responsible body of medical opinion.
Medical Innovation Bill Saatchi Bill
2014-06-05T01:10:04+00:00

In our experience, doctors are not deterred from innovation by the possibility of litigation. Current case law provides protection to doctors for any treatment they give which would be supported by a responsible body of medical opinion.

Royal College of Surgeons

A doctor should not be allowed to simply disregard a body of clinical opinion or colleagues in their multi-disciplinary team.
Medical Innovation Bill Saatchi Bill
2014-06-03T20:25:10+00:00

A doctor should not be allowed to simply disregard a body of clinical opinion or colleagues in their multi-disciplinary team.

Professor Jose Miola

A fundamental issue with this Bill is that, in a way that is similar to the pre-Bolitho legal position, it assumes that the doctor’s analysis and decisions are correct.  There is nothing included within to protect patients from overconfident doctors or those whose reasoning is flawed.  Moreover, it does little to protect patients - which in a post-Francis Report atmosphere is something of an omission.
Medical Innovation Bill Saatchi Bill
2014-06-06T21:41:02+00:00

A fundamental issue with this Bill is that, in a way that is similar to the pre-Bolitho legal position, it assumes that the doctor’s analysis and decisions are correct.  There is nothing included within to protect patients from overconfident doctors or those whose reasoning is flawed.  Moreover, it does little to protect patients – which in a post-Francis Report atmosphere…

Robert Francis QC, author of the two Mid-Staffordshire NHS Foundation Trust enquiries

The scope of the Bill is uncertain and potentially far wider than the concerns expressed by Lord Saatchi.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:27:50+00:00

The scope of the Bill is uncertain and potentially far wider than the concerns expressed by Lord Saatchi.

The Academy of Medical Royal Colleges

The Academy and medical Royal Colleges are not persuaded that the Bill will achieve its stated purposes and we are concerned that it could have unintended adverse consequences.
Medical Innovation Bill Saatchi Bill
2014-06-03T20:32:40+00:00

The Academy and medical Royal Colleges are not persuaded that the Bill will achieve its stated purposes and we are concerned that it could have unintended adverse consequences.

The British Medical Association

Clause 1(5e) requires doctors to consider the “opinions or requests expressed by colleagues whose opinions appear to the doctor to be appropriate to take into account”. The BMA has a number of concerns with this clause. As it only requires a doctor to “consider” such views it raises the possibility that he or she could ignore the views of colleagues who might vehemently disagree that the proposed course of action was justified. It also allows doctors to consult whomever they believe to be appropriate, which could in reality just be colleagues who agree with their viewpoint, arguably making the process redundant and offering no protection to patients. As footnote 9 in the consultation document acknowledges, there is no requirement that these colleagues are medical colleagues. This could mean that a doctor could ask any colleague for their opinion, irrespective of their training, impartiality or relationship with the doctor, and meet this requirement in the Bill.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:19:31+00:00

Clause 1(5e) requires doctors to consider the “opinions or requests expressed by colleagues whose opinions appear to the doctor to be appropriate to take into account”. The BMA has a number of concerns with this clause. As it only requires a doctor to “consider” such views it raises the possibility that he or she could ignore the views of colleagues…

Robert Francis QC, author of the two Mid-Staffordshire NHS Foundation Trust enquiries

It is not difficult to imagine how such a freedom might be abused.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:28:20+00:00

It is not difficult to imagine how such a freedom might be abused.

Nigel Poole QC

The current law does not mandate adherence to a standard treatment as Lord Saatchi has claimed. It allows innovative treatment provided a responsible body of medical opinion would support it.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:33:10+00:00

The current law does not mandate adherence to a standard treatment as Lord Saatchi has claimed. It allows innovative treatment provided a responsible body of medical opinion would support it.

Academy for Healthcare Science

A worrying element of this Bill is that it restricts the duty to consultation to ‘opinions expressed by colleagues whose opinions appear to the doctor to be appropriate to take into account.’
Medical Innovation Bill Saatchi Bill
2014-06-03T23:09:57+00:00

A worrying element of this Bill is that it restricts the duty to consultation to ‘opinions expressed by colleagues whose opinions appear to the doctor to be appropriate to take into account.’

Royal College of Surgeons

However, at present, we do not believe the wording of the Bill achieves [the aims of the bill]. In particular, we have a concern that it could protect doctors deviating in a harmful way from standard practice.
Medical Innovation Bill Saatchi Bill
2014-06-03T20:24:04+00:00

However, at present, we do not believe the wording of the Bill achieves [the aims of the bill]. In particular, we have a concern that it could protect doctors deviating in a harmful way from standard practice.

Robert Francis QC, author of the two Mid-Staffordshire NHS Foundation Trust enquiries

The assessment suggests there will be a reduction in medical negligence claims. On the contrary there is likely to be protracted and complex litigation about the meaning of this Bill.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:31:02+00:00

The assessment suggests there will be a reduction in medical negligence claims. On the contrary there is likely to be protracted and complex litigation about the meaning of this Bill.

The Royal College of Psychiatrists

This goes some way beyond the Bolam test for medical negligence [...] where the test is that a ‘medical man’ needs to act in conformity with a ‘responsible body of medical opinion,’ in other words, NOT in the manner of 1 (3) (a) and (b) of the Bill.
Medical Innovation Bill Saatchi Bill
2014-06-03T20:32:00+00:00

This goes some way beyond the Bolam test for medical negligence […] where the test is that a ‘medical man’ needs to act in conformity with a ‘responsible body of medical opinion,’ in other words, NOT in the manner of 1 (3) (a) and (b) of the Bill.

Cancer Research UK

We have been unable to find evidence that fear of medical litigation is currently a barrier to innovation in cancer.
Medical Innovation Bill Saatchi Bill
2014-06-03T17:45:39+00:00

We have been unable to find evidence that fear of medical litigation is currently a barrier to innovation in cancer.

Academy of Medical Sciences, Medical Research Council and Wellcome Trust

No substantial recorded evidence has been raised with us to suggest that doctors are being deterred from the use of innovative treatments or procedures owing to fear of litigation, though we are aware that there are anecdotal cases.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:11:38+00:00

No substantial recorded evidence has been raised with us to suggest that doctors are being deterred from the use of innovative treatments or procedures owing to fear of litigation, though we are aware that there are anecdotal cases.

The Academy of Medical Royal Colleges

However, there are serious concerns that the provisions in the Bill, which in effect obviate the Bolam judgement principle of having to seek support from peers gives undue weight to the unmediated judgement of an individual clinician. This could easily lead to innovation that is not responsible or in the best interests of patients.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:06:35+00:00

However, there are serious concerns that the provisions in the Bill, which in effect obviate the Bolam judgement principle of having to seek support from peers gives undue weight to the unmediated judgement of an individual clinician. This could easily lead to innovation that is not responsible or in the best interests of patients.

Motor Neurone Disease Association

The Bill would be bad law.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:25:38+00:00

The Bill would be bad law.

Medical Defence Union

No. The draft Bill should not become law. The current legal and ethical requirements upon doctors already provide adequate safeguards for patients and for doctors.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:22:00+00:00

No. The draft Bill should not become law. The current legal and ethical requirements upon doctors already provide adequate safeguards for patients and for doctors.

Motor Neurone Disease Association

The Bill poses a risk to legitimate research.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:24:38+00:00

The Bill poses a risk to legitimate research.

Robert Francis QC, author of the two Mid-Staffordshire NHS Foundation Trust enquiries

The proposal of this Bill proceeds from a fundamental misunderstanding of the effect of the current law of medical negligence.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:26:48+00:00

The proposal of this Bill proceeds from a fundamental misunderstanding of the effect of the current law of medical negligence.

Robert Francis QC, author of the two Mid-Staffordshire NHS Foundation Trust enquiries

If there is misunderstanding then it should be corrected by guidance, not by legislation which exposes vulnerable patients to unjustified risks and deprives them of remedies when mistreated by those who have no acceptable justification for what they have done.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:27:19+00:00

If there is misunderstanding then it should be corrected by guidance, not by legislation which exposes vulnerable patients to unjustified risks and deprives them of remedies when mistreated by those who have no acceptable justification for what they have done.

Royal College of Radiologists

We are very concerned that there could be serious unintended consequences of the proposed legislation.
Medical Innovation Bill Saatchi Bill
2014-06-03T20:26:51+00:00

We are very concerned that there could be serious unintended consequences of the proposed legislation.

Professor Jose Miola

I would argue that the consultation seems to misunderstand what Bolam and Bolitho actually require of doctors.
Medical Innovation Bill Saatchi Bill
2014-06-06T21:39:33+00:00

I would argue that the consultation seems to misunderstand what Bolam and Bolitho actually require of doctors.

The Academy of Medical Royal Colleges

We are therefore concerned that the Bill will not actually deter innovation which is irresponsible and may indeed have the opposite effect.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:07:11+00:00

We are therefore concerned that the Bill will not actually deter innovation which is irresponsible and may indeed have the opposite effect.

Motor Neurone Disease Association

There is a clear danger that the Bill could lead to the exploitation of vulnerable people.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:24:09+00:00

There is a clear danger that the Bill could lead to the exploitation of vulnerable people.

Royal College of Radiologists

No, we have no evidence that doctors are deterred from innovation by fear of litigation.
Medical Innovation Bill Saatchi Bill
2014-06-03T20:25:37+00:00

No, we have no evidence that doctors are deterred from innovation by fear of litigation.

The Academy of Medical Royal Colleges

We have not seen any evidence that suggests litigation or the possibility of litigation is deterring clinicians from innovative practice and, anecdotally, that is not the experience of members.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:05:03+00:00

We have not seen any evidence that suggests litigation or the possibility of litigation is deterring clinicians from innovative practice and, anecdotally, that is not the experience of members.

HealthWatch

In reality, this Bill addresses a problem which barely exists, and in any case is being addressed by measures such as the Early Access to Medicines Scheme. But most importantly, it exposes highly vulnerable patients to exploitation by `alternative' medical practitioners. It will add nothing to patient benefit, and should not become law.
Medical Innovation Bill Saatchi Bill
2014-06-04T22:49:08+00:00

In reality, this Bill addresses a problem which barely exists, and in any case is being addressed by measures such as the Early Access to Medicines Scheme. But most importantly, it exposes highly vulnerable patients to exploitation by `alternative’ medical practitioners. It will add nothing to patient benefit, and should not become law.

Nick Ross

In any case there is no need for this Bill. It is a hammer to crack a non-existent nut. Worse, to use a colloquialism, it could encourage nuts – whacky, foolish and even unscrupulous practitioners - which, where patient safety is concerned, would be scandalous.
Medical Innovation Bill Saatchi Bill
2014-06-04T22:52:28+00:00

In any case there is no need for this Bill. It is a hammer to crack a non-existent nut. Worse, to use a colloquialism, it could encourage nuts – whacky, foolish and even unscrupulous practitioners – which, where patient safety is concerned, would be scandalous.

The Academy of Medical Royal Colleges

We are concerned that the Bill could inadvertently undermine the undertaking of proper clinical trials.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:07:45+00:00

We are concerned that the Bill could inadvertently undermine the undertaking of proper clinical trials.

Robert Francis QC, author of the two Mid-Staffordshire NHS Foundation Trust enquiries

It increases the risk to vulnerable patients of mavericks with irrational or unjustifiable grounds for proposing a treatment and those with commercial interests in promoting dubious treatments.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:30:33+00:00

It increases the risk to vulnerable patients of mavericks with irrational or unjustifiable grounds for proposing a treatment and those with commercial interests in promoting dubious treatments.

General Medical Council

It suggests that doctors should take account of the opinions of ‘those doctors who they wish to’, and places on them no obligation to take account of the opinions of doctors who have relevant clinical expertise in the area. As currently drafted, this addition removes an important safeguard for patients by removing a key requirement of responsible practice.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:32:38+00:00

It suggests that doctors should take account of the opinions of ‘those doctors who they wish to’, and places on them no obligation to take account of the opinions of doctors who have relevant clinical expertise in the area. As currently drafted, this addition removes an important safeguard for patients by removing a key requirement of responsible practice.

Kingsley Napley LLP

We cannot think of any claims in which we have represented successful claimants that would be unsuccessful if brought once this bill became legislation.
Medical Innovation Bill Saatchi Bill
2014-06-05T01:11:10+00:00

We cannot think of any claims in which we have represented successful claimants that would be unsuccessful if brought once this bill became legislation.

Dr Margaret McCartney

To pretend that this gives patients any protection from naked quackery would be misguided.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:26:11+00:00

To pretend that this gives patients any protection from naked quackery would be misguided.

Robert Francis QC, author of the two Mid-Staffordshire NHS Foundation Trust enquiries

While the Bill excludes “treatment for the purposes of research” from its ambit, it is far from clear that it protects patients from being induced to accept treatment which is untested but the experience of which will benefit the manufacturers. The learning from the use of innovative treatment will often benefit inventors as well as patients, but this Bill effectively passes the risk entirely to the patient and lifts it from the promoter of the treatment.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:29:59+00:00

While the Bill excludes “treatment for the purposes of research” from its ambit, it is far from clear that it protects patients from being induced to accept treatment which is untested but the experience of which will benefit the manufacturers. The learning from the use of innovative treatment will often benefit inventors as well as patients, but this Bill effectively…

The Academy of Medical Royal Colleges

Medical Royal Colleges do not believe that this proposed legislation is necessary and, indeed, may have unintended adverse consequences.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:09:25+00:00

Medical Royal Colleges do not believe that this proposed legislation is necessary and, indeed, may have unintended adverse consequences.

The British Medical Association

The BMA does not believe that the draft Bill should become law.
Medical Innovation Bill Saatchi Bill
2014-06-03T23:20:00+00:00

The BMA does not believe that the draft Bill should become law.