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EDITOR
The recent news item1 and the subsequent letter and
correction2 about the hearing of Dr James Taylor before
the General Medical Council have not taken account of some serious issues raised by this case, which will affect interventional
physicians, cardiologists, and radiologists as well as obstetricians,
surgeons, and others.
The accusation had been about consent, not of medical negligence. Negligence forms no part of the hearing. At issue was the extent to which consent is covered in the standard consent form used in NHS hospitals. After lengthy debate by counsel both for the GMC and Dr Taylor, the GMC's legal adviser omitted the strong legal challenge by defending counsel. He relied on his interpretation of two previous, distinctly different, cases reviewed by the Privy Council.
It was accepted that "consent" may not be required if the medical
action was "necessary, in the child's best interest, and medically
justified."
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