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The Money Resolution: Part 2 – Changing Common Law
Guest post by José Miola, Professor of Medical Law, University of Leicester. On several occasions during the Money Resolution Debate on Chris Heaton-Harris' Access to Medical Treatments (Innovation) Bill (AMTIB), the claim was made that the clinical negligence aspects to the Bill would either not change current law or at least provide patients with equal protection. To this end, George Freeman (a Government minister) said: [the AMTIB's negligence provisions] merely clarify the existing protections already afforded by medical negligence law (emphasis added) Source He repeated this, even more explicitly, when he said: the Bill, as we understand it — we have taken substantial legal advice — does not in any way change the law on medical negligence; we would struggle if it did. Rather, it sets out a clear pathway for doctors seeking to enjoy the freedoms that are already in law to make it very clear what the procedure would be (emphasis added) Source Chris Heaton-Harris was equally clear