Bye-bye Bolitho? The curious case of the Medical Innovation Bill

What is it about?

The paper is, so far, the only comprehensive legal analysis of the negligence provisions of Lord Saatchi's Medical Innovation Bill and, as it was to become, Chris Heaton-Harris' Access to Medical Treatments (Innovation) Bill. It argues that the Bills were built of misunderstandings of the common law and did not achieve what it claimed to.

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Why is it important?

This paper is, so far, the only one to comprehensively examine each of the provisions of the negligence aspect of the two Bills. It demonstrates that the Bill is unworkable, and that it would significantly weaken patient safety to solve a problem that has not been shown to exist (the fear of litigation hampering innovation).