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Patient Rights Bill ‘meaningless’, say doctors

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Doctors’ leaders are making a last-ditch attempt to persuade MSPs to ditch the Patient Rights Bill, saying it’s more about political rhetoric than improving care. The BMA says that the bill – which would introduce a 12-week treatment time guarantee – is meaningless, because it does not give patients any right of redress, making the legislation unenforceable. The Scottish Government, which published the bill, says that it will “reinforce and strengthen the government’s commitment to place patients at the centre of the NHS in Scotland”.

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The bill, which MSPs will debate at Stage 3 today, is likely to pass because it has not been openly criticised by opposition parties – although concerns have been expressed by some MSPs at every stage. But the BMA questions whether there is any point in the legislation and even warns that it could be counter-productive. Dr Charles Saunders, deputy chairman of the BMA in Scotland, said the bill could stymie choice and lead to increased bureaucracy. “On paper it would seem obvious why politicians and the public might find the patient rights bill appealing. But the introduction of a treatment time guarantee will have serious and negative consequences for patients and the health service,” he said. “This bill is more about political rhetoric than patient rights and our patients deserve better.” He said that the new 12-week treatment guarantee target, enshrined in law, would create an inflexible system which forced doctors to rush patients into treatment without consideration of the particular patient’s needs. “In order to achieve the new 12-week treatment time targets, the bill will require that patients be sent to hospitals often miles away, instead of waiting to be seen closer to home at a local hospital or peripheral clinic. In many cases, patients would be happy to wait for local care – albeit outwith their guarantee times – where they will be in a familiar environment and where their friends and family can support them. But health boards will be required by law to achieve the target, so will patients really have a choice? “The amount of administrative time used and the stress generated by trying to reach the current, non-clinically driven, targets is significant. The bill will inevitably increase the levels of bureaucracy and this will have cost implications. With boards facing a real term reduction in their budgets in the next few years, how can the government expect them to fund this initiative without impacting on patient care?” According to the FAQ section accompanying information on the bill, patients who are not treated within the 12-week guarantee will be able to complain to their health board. “Generally, though, your health board should make sure treatment starts within 12 weeks,” the official guidance says. “If it doesn’t, there are steps that the board must take, including making sure you are treated at the next available opportunity, and that your availability is considered, alongside the clinical need of others.” But the FAQs specifically rule out any form of legal redress for the patient, saying that the bill contains a section that “excludes liability for damages”. “This means that the bill does not give you additional rights to take legal action or to claim compensation if you think that your rights in the bill have not been met.” The Scottish Government has said that it believes that primary legislation is needed to reflect the importance of the issue. But Dr Saunders added: “Politicians must see past this political rhetoric and consider whether or not this bill will actually improve the lot of patients in our NHS. If the parliament wants to clarify patients’ rights, the creation of a Patient Charter – which would not need primary legislation – would be a simpler alternative to this bill.”

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