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

Lord Saatchi’s Medical Innovation Bill, which has been reintroduced into parliament, is a deeply flawed piece of prospective legislation. The way in which it has been presented is different from what it actually does, and it dilutes the law’s ability to protect patients. It also attempts to solve a problem that does not exist. Moreover, the unintended consequences inherent in the Bill provide the potential for it to be actively harmful rather than benignly useless. This article identifies the myths propagated on behalf of the Bill, examines the current legal position and the Bill’s framework and argues that the Bill must not become law.