NHS: NEGLIGENCE

Nicholas Soames: To ask the Secretary of State for Health what assessment his Department has made of the effects of medical litigation on medical innovation. [163955]

Dr Poulter, Parliamentary Under Secretary of State for Health: No assessment has been made. It is the Department's view that no assessment is required as no changes are required in this area. The current legal arrangements allow for doctors to initiate novel treatments as long as they are done in the best interest of the patient and with patient consent. What the law does impose is a requirement for new forms of treatment to be vigorously tested before being introduced.

Nicholas Soames: To ask the Secretary of State for Health what guidance his Department gives to doctors on the risks of prosecution for medical negligence if they deviate from standard procedures. [163956]

Dr Poulter, Parliamentary Under Secretary of State for Health: The Government is not in a position to give legal guidance to doctors. The law allows doctors to initiate novel treatments which may require them to deviate from standard procedure, as long as they are done in the best interests of the patient and with patient consent.

Nicholas Soames: To ask the Secretary of State for Health what assessment his Department has made of the effects of current laws on medical negligence on scientific discoveries in cancer. [163957]

Dr Poulter, Parliamentary Under Secretary of State for Health: The Government has not made any assessment into the impact of the current law on medical negligence on scientific discovery in cancer. It is the Department's view, that no additional legislation is required in this area. The current legal arrangements allow for doctors to initiate novel treatments as long as they are done in the best interests of the patient and with patient consent.

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