Re: Summer issue | Page 40

And the winner is... Plausibility & Defensive medicine Lord Saatchi has called for the law relating to cancer treatment to be changed. He has introduced a draft Bill, which has sparked off a great deal of controversy. It is intended to amend the existing law, but he has raised issues of principle that seem to extend beyond his original intentions. To what extent can the decision to use a new and innovative medical treatment, whose effectiveness has yet to be proved, be left in the hands of one doctor or a small group of doctors? Lord Saatchi believes that the current law is a barrier to progress in curing terminal illnesses. According to him, if doctors deviate from the standard procedure, they are likely to be found under the current law guilty of clinical negligence. This might cost them their medical reputations and even their jobs. The draft Bill aims to promote innovation in medical treatment while seeking to eliminate reckless experimentation. This sounds a worthy ambition and probably many would support it. But is it necessary and, like an untried medical treatment, does it carry any risks? The draft Bill supports the doctor who wishes to carry out a proposed new 40 treatment under circumstances in which a responsible body of medical opinion has either failed to give their approval or it is unclear whether they would support it or not. It would allow the doctor to provide a new type of treatment on the grounds that he/she believed it was appropriate, without any externally confirmed evidence and in the face of one or more medical bodies. This raises many issues that concern the patient’s safety. There is a danger that a vulnerable person may be left in the hands of a doctor, who could put forward a few plausible reasons for an experimental treatment, but the patient would have no way of verifying the accuracy of the information. There may also be hidden commercial pressures on the doctor. Plausibility is hard to define. Does it mean a ‘good excuse’ or a sustainable argument? The doctors might think they have discharged other more onerous duties by complying only with the letter of Saatchi’s new law if it became Statute. It is hard to secure sufficient protection for the patient while preserving the aims of the draft Bill. reasonable body of medical opinion. The patient has to be informed and to have given consent. What else can be done? The draft Bill also aims to eliminate reckless experimentation during the course of a process in which responsible decisions are being taken. The test would be what a responsible body of doctors, even if only a few and highly specialised, considered appropriate. This is the Bolam test, which is currently in use, and it provides the protection that a doctor needs when considering innovation. Of course, as Lord Saatchi points out, all cancer deaths are wasted lives. His wife of over 25 years suffered from a merciless type of cancer, a case which must sadden us all. But it could also be a terrible mistake, if we disregarded previously decided case law that provides us with a modicum of certainty and offers safety measures for both patients and doctors. All staff at Mayo Wynne Baxter were delighted to be announced winners of the Gatwick Diamond Business Awards earlier this year. The award for corporate responsibility was sponsored by environmental management consultancy ESHcon. After an in-depth award entry was submitted, and the firm was selected as a finalist, our Chairman, Dean Orgill, and Marketing Director, Jason Edge, faced a grilling from Anya Ledwith,