Consent for new medical techniques
The consenting process for any patient undergoing a newer technique will be required to be in line with GMC guidance on decision making and consent5. Patients and their carers should be informed of the benefits and risks in comparison with previously used and alternative techniques. The Royal College of Surgeons also emphasises that you should tell patients if the technique is relatively new and be open about your experience and training, as well as your outcomes to date.2
There may be no published patient information leaflets available at the institution you plan to introduce the technique to, so you should be involved in drafting these and ensure that any information given is clear and in line with any established national guidance.
The Royal College of Surgeons recommends that you discuss your proposal with your colleagues locally.2 You may find that the introduction is more easily accepted when your colleagues understand what you are doing and are on board with the decision.
Doctors should be mindful of the possibility of a conflict of interest and appreciate their professional obligations, particularly where there is a commercial organisation involved in the introduction of a new technique.
The Association of the British Pharmaceutical Industry’s Code of Practice6 sets out the ethical framework for organisations that promote medicines. Medical technology companies have an equivalent association – the Association of British HealthTech Industries – which has published its Code of Business Practice7 for its members.
You should ensure that you are open with the private providers and patients, and follow any local policy on commercial interests of doctors working within that organisation. The GMC has its own guidance for registrants within Good Medical Practice (paragraph 77-79) as well as further guidance on financial and commercial arrangements and conflicts of interest8.
“77. You must be honest in financial and commercial dealings with patients, employers, insurers and other organisations or individuals.
78. You must not allow any interests you have to affect the way you prescribe for, treat, refer or commission services for patients.
79. If you are faced with a conflict of interest, you must be open about the conflict, declaring your interest formally, and you should be prepared to exclude yourself from decision making.”
Gaining expertise and practising using a relatively new technique or treatment can bring many benefits to your patients, as well as being personally rewarding. However, it is not without its risks and can be time consuming and expensive. An understanding of the potential pitfalls and your professional obligations in this area are essential components of a successful new addition to your private practice. I hope this article has provided a useful overview and pointed out some essential guidance to consider.