Medical Innovation Bill [HL]

Baroness Bakewell Excerpts

Friday 27th June 2014 Lords Chamber

[Baroness Bakewell (Lab)]

My Lords, I give my qualified support to the Bill, based on my experience of 10 series of a BBC programme called “Inside the Ethics Committee”. I have worked on programmes about medical ethics for many years and I remember when ethics committees were introduced into hospitals to resolve the issues facing doctors making difficult decisions.

From those programmes I have learnt certain things. One is that there is incredible responsibility in the medical profession when it comes to making difficult decisions. Great care is taken. Doctors are devoted to solving the problems presented by their patients. That is what they live for and they want to be successful at what they do. They often take great care and consider the nuanced arguments on both sides, seeking to balance benefit against risk. There is no such thing as absolutely safe innovation. It carries risk and it is the responsibility of doctors and their advisers to assess those risks.

I have also discovered that Dr Shipman casts a long shadow. I have run into situations in which medical men have wished to take certain steps but their healthcare supporters have been resistant to change for fear of litigation. Clearly, an issue exists throughout the caring professions about the nature, extent and possibility of litigation. We need more facts, which is what happens in ethics committees, and we need many viewpoints. The number of ethics committees has mushroomed because doctors take the law that exists very seriously and follow it, in my observation, with great scrupulousness.

The noble Lord, Lord Saatchi, mentioned the increase in litigation. There are many explanations for that. We live in quite a greedy society, litigious about many things. The opportunity to make some money out of something that happens in your life is regarded as quite commonplace and acceptable. But with more medical procedures and an increasing population, and new possibilities coming on stream all the time, I do not think that the rise in litigation is something to be feared. Litigation acts in the defence of patients. We want patients to be exposed to innovation that is safe. We want them to be protected against innovation that is risky. The need to protect patients against malpractice, carelessness, mistakes or neglect has to be paramount.

In his comments on the Bill, Sir Robert Francis cited what he saw as real obstacles to innovation. The House—and the medical profession—should note what they are: overzealous bureaucracy, scarce resources, ethical reservations and the length of decision-making processes. It seems appropriate to draw attention to those so that when we discuss the nature of innovation all those considerations get some support.

The whole intention of the medical profession, its flagship slogan, is: “First, do no harm”. I reject the claim made by the Bill’s critics that it will weaken the defence of the patients. I see it as adding to the strength of existing legislation and I offer it my support.