§ Mr. CousinsTo ask the Secretary of State for Health what guidance is in force laying out the procedures doctors and surgeons should carry out if they discover cases where they have reason to believe informed consent for radical surgery has not been obtained; and who has the responsibility of ensuring those procedures are properly carried out in(a) directly managed units and (b) hospital trusts.
§ Mr. SackvilleIt is for doctors and health professionals themselves to ensure that valid consent is obtained from their patients for any treatment proposed. The common law requirement for consent is reflected in guidance issued by the National Health Service Management Executive and by health professionals' own ethical codes. Treatment of a patient capable of giving consent, without obtaining consent, could leave health professionals, health authorities or trusts open to legal action.
Individual members of staff in the NHS have a right and duty to raise with their employer any matters of concern they may have about health service issues concerned with the delivery of care to a patient in their authority, trust or unit. Guidance issued to the NHS, EL(93)51, copies of which are available in the Library, recommends that local policies and procedures be introduced to allow these rights and duties to be fully and properly met.
§ Mr. CousinsTo ask the Secretary of State for Health what guidelines she regards as being in force for the obtaining of informed consent for radical surgery.
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§ Mr. SackvilleGuidance on consent to examination and treatment was issued to the national health service by the NHS Management Executive in August 1990, HC(90)22, copies of which are available in the Library. It advises that patients have the right under common law to give or withhold consent. Sufficient information must be given to patients to ensure that they understand the nature, consequences and any substantial risks of the treatment proposed.