Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
Find up-to-date guidance on points of law and then easily pull up sources to support your advice with Lexis PSL
Check out our straightforward definitions of common legal terms.
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Access our unrivalled global news content, business information and analytics solutions
Insurance, risk and compliance intelligence using big data, proprietary linking and advanced analytics.
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
The Department of Health has now published its Consultation on the draft Medical Innovation Bill (No.2) and responses are sought from doctors, patients and legal professionals by 25 April 2014.
The Bill was initiated by Lord Saatchi following the death of his wife from ovarian cancer. Supporters of the Bill consider that fear of negligence claims is preventing doctors from using innovation to treat medical conditions, in particular cancer.
The Bill is dubbed legislation to encourage medical innovation. The purpose of the Bill is to clarify what is negligent and dangerous practice by clinicians and what is careful and responsible innovation. The Bill will effectively introduce a statutory defence of innovation to medical negligence claims.
The current test for negligence is laid down in the case of Bolam v Friern Hospital Management Committee  2 All ER 118) (the Bolam test) and states that a doctor is not negligent if he is acting in accordance with a practice accepted by a responsible body of medical practitioners, merely because there is a body of such opinion that takes a contrary view.
This current legal position gives doctors a basis for innovating where they can satisfy the Bolam test. However, questions have been raised about how the new law would be applied in cases where there may not be a responsible body of medical opinion that supports a decision to carry out an innovative treatment.
This test was refined by Bolitho v City and Hackney Health Authority (1998) AC 232 which added that the opinion must be capable of withstanding logical analysis by the courts.
The Department has published its Consultation Paper and seeks views on whether
What do you think? Do you think that the current law is sufficient or do you agree that this Bill is necessary to allow more innovative medical treatment?
Free trials are only available to individuals based in the UK
* denotes a required field
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
0330 161 1234