Lord Hacking
Main Page: Lord Hacking (Labour - Excepted Hereditary)
Lord Falconer of Thoroton (Lab)
First, the noble Baroness is absolutely right when she says that, at that stage, no step can be taken by the doctor to kill the patient, as it were, because this is about the patient doing it. They will have to discuss it, and a whole variety of measures could be taken by a doctor in the face of complications. It is impossible for me to indicate in relation to every complication but, pursuant to Clause 12(2)(d), that is what must be discussed with the patient—subject to the important point, on which we both agree, that the doctor cannot kill.
Baroness Lawlor (Con)
What would happen if they were taken to court in a medical negligence case? Let us take the example given by the noble Lord, Lord Mawson, where they had not explained graphically to someone who may not speak or understand English what could happen if there were a complication, but a graphic explanation was needed; otherwise, they might have failed medically to do their job.
Lord Falconer of Thoroton (Lab)
If they failed medically to do their job, they might be liable to a civil suit, but it is impossible to answer that question without specific facts. This Bill is placing on doctors and panels the duty to make sure that the consent to assisted dying is properly informed. If a doctor fails in that respect, you might have a situation where, for example, the thing should not have been done in the first place or was done inadequately. That might give rise to a civil suit but it does not really go to the question of whether we need to put a heavier burden, in terms of giving information, in the Bill; with respect, I think that the burden in the Bill is sufficient.