Independent regulation and scrutiny is required

BY LAUREN SUTHERLAND QC CHAIR OF MEDICAL NEGLIGENCE FOR THE PAN-EUROPEAN ORGANISATION OF PERSONAL INJURY LAWYERS.

Scotland has made recent advances in the area of patient safety with the introduction of a duty of candour and early apology when adverse events occur.

In 2015 the Supreme Court recognised the rights of patients to be actively involved in choices about their own healthcare in the landmark Scottish case of Montgomery v Lanarkshire Health Board.

However, in my opinion, there is still room for improvement in the area of regulation of new treatments and drugs available to patients. Our goal should be to prevent harm occurring as recognised in the title of the Cumberlege Report.

Developments in medicine have undoubtedly saved lives and innovation and research must not be curtailed or restricted unnecessarily. But it is the patient who has to live with the consequences of any deficiency in any new drug or product and the consequences are often lifelong.

For many years I have seen the devastating effects of failures in medical care. Independent regulation and scrutiny is required.

The Scottish Government must take note of this report, learn lessons and actively consider the appointment of an independent Patients’ Commissioner for Scotland.