Date lodged: 23 November 2016
To ask the Scottish Government, further to the answer to question S5W-02025 by Shona Robison on 15 September 2016, what steps it has introduced to reduce the risk of future similar litigation regarding informed consent procedures.
Answered by: Shona Robison 30 November 2016
The case in question resulted from a medical procedure that was carried out in 1999 and it is recognised that medical practice has advanced significantly in this time. Patients are now better informed and advised of the risks and complications regarding their medical treatment.
As I outlined in my answer to questions S5W-02025 and S5W-04657 on 25 November 2016, I expect all NHS boards and their clinicians to adhere to the long established General Medical Council guidance and to have robust clinical governance arrangements in place to ensure that the principles and framework contained in the guidance are applied by all doctors when seeking informed consent to treatment from patients.
The guidance advocates an approach of patients and doctors making decisions together, an approach which was endorsed by the court ruling in 2015.
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