MDDUS has responded to the GMC consultation on its updated consent guidance – Decision making and consent.
MDDUS joint head of medical division Dr John Holden said: "We welcome the opportunity to comment on the revised GMC consent guidance which focuses on the importance of communication, as well as doctors and patients making decisions about treatment and care together.
"We agree that the guidance itself is not a set of rules but rather guidance to aid and support professional judgements.
"As we have indicated in our response, the legal annex will form an essential part of the guidance and we believe that it is necessary to have one in draft form to accompany the draft guidance. Taking things in two bites runs the risk of delays and important points being missed, hence the need to tie them together again when the annex is available. We therefore look forward to receiving the legal annex in due course as it will help our deliberations on the guidance.
"Furthermore, we recognise that the GMC intervened in the case of Montgomery, and that in many respects the findings of the Supreme Court simply brought the law in line with professional guidance, as stated in the GMC's existing 2008 consent guidance. However, the absence of a draft legal annex has prevented our ability to form a view of the weight that the GMC may ascribe to the nuances of cases that have been reported since Montgomery.
"We trust that when the GMC does produce a draft legal annex, then MDDUS and other stakeholders will be afforded the opportunity to review and revise comments on the draft consent guidance accordingly, before the overall consultation ends.”
Read MDDUS' full consultation response here.