Re: Re: Examinations on patients carried out without full patient consent are unethical
Rapid response to:
Education And Debate
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Re: Re: Examinations on patients carried out without full patient consent are unethical
Vivienne Stern is correct in saying that in civil law, the law of
contract governs the patient doctor relationship relating to examinations
and treatment. The fact that we are having this discussion at all about
unconsented vaginal and rectal examinations, is because these procedures
are most often carried out whilst the patient is UNCONSCIOUS and therefore
they are done WITHOUT their prior knowledge and consent. Unless someone
breaks ranks in the hospital system - which is locked tight in favour of
the medical profession and therefore supportive of its practices right or
wrong, then how is the patient to find out? I doubt very much if
procedures which are done purely for the purpose of vivisection on
patients i.e. purely for pathological investigation, are going to be
written up in the patient's medical notes.
This is precisely why we need a law which states categorically that
performing examinations and treatments without consent is illegal in
CRIMINAL law and that the due penalties of bringing a case of assault and
battery against the patient would apply when the miscreant doctor is
apprehended. The law as it stands permits a patient to sue in the civil
courts if their rights are abused by doctors performing examinations or
operations on them without consent, however what it does not provide for
is any penalty at all for the person abusing the patient's rights in the
criminal courts. The doctor walks away scott free from a civil case and
the NHS picks up the compensation tab: the doctor is left with barely a
blemished record and free to do it again to another unsuspecting victim.
Please do not tell me that this is a just or ethical situation,
because I know from the experience of many that it is not, and there is
PLENTY of eveidence to show that what I am saying is correct. The reason
that wave after wave of horror stories are in the Press and Media about
the unethical practices of doctors our Health Service is because there is
no proper legal framework for Medicine in this country
Sandra Simkin
Competing interests:
None declared
Competing interests:
No competing interests
20 February 2003
Sandra J Simkin
Director, Campaign Against Hysterectomy and Unnecessary Operations on Women
Rapid Response:
Re: Re: Examinations on patients carried out without full patient consent are unethical
Vivienne Stern is correct in saying that in civil law, the law of
contract governs the patient doctor relationship relating to examinations
and treatment. The fact that we are having this discussion at all about
unconsented vaginal and rectal examinations, is because these procedures
are most often carried out whilst the patient is UNCONSCIOUS and therefore
they are done WITHOUT their prior knowledge and consent. Unless someone
breaks ranks in the hospital system - which is locked tight in favour of
the medical profession and therefore supportive of its practices right or
wrong, then how is the patient to find out? I doubt very much if
procedures which are done purely for the purpose of vivisection on
patients i.e. purely for pathological investigation, are going to be
written up in the patient's medical notes.
This is precisely why we need a law which states categorically that
performing examinations and treatments without consent is illegal in
CRIMINAL law and that the due penalties of bringing a case of assault and
battery against the patient would apply when the miscreant doctor is
apprehended. The law as it stands permits a patient to sue in the civil
courts if their rights are abused by doctors performing examinations or
operations on them without consent, however what it does not provide for
is any penalty at all for the person abusing the patient's rights in the
criminal courts. The doctor walks away scott free from a civil case and
the NHS picks up the compensation tab: the doctor is left with barely a
blemished record and free to do it again to another unsuspecting victim.
Please do not tell me that this is a just or ethical situation,
because I know from the experience of many that it is not, and there is
PLENTY of eveidence to show that what I am saying is correct. The reason
that wave after wave of horror stories are in the Press and Media about
the unethical practices of doctors our Health Service is because there is
no proper legal framework for Medicine in this country
Sandra Simkin
Competing interests:
None declared
Competing interests: No competing interests