Written question asked by Lynne Jones (Labour), in the House of Commons. It was due for an answer on Tuesday, 16 January 1996. It was answered by Lord Horam (Conservative) on Tuesday, 16 January 1996 on behalf of the Department of Health.

Dept of Health

Question: If he will comment on the prosecution of Reginald Dixon for illegally performing an abortion on Barbara Whiten; and whether, following this case he has any plans to introduce new guidelines or bring forward legislation to clarify patients' rights.

Answer: Dr. Lynne Jones: To ask the Secretary of State for Health if he will make a statement on the prosecution of Reginald Dixon for illegally performing an abortion on Barbara Whiten; and whether, following this case he has any plans to introduce new guidelines or bring forward legislation to clarify patients' rights. [8704] Mr. Horam: We have no plans to introduce legislation in this area. A patient has the right under common law to give or withhold consent prior to examination or treatment. However, in an emergency when a patient is not in a position to express her consent or refusal, a doctor may act without consent when he or she reasonably believes that it is in the best interests of the patient to do so. Guidance on consent for examination or treatment was issued to the national health service in 1990. I understand that the Royal College of Obstetricians and Gynaecologists is considering the implications of the recent case for best professional practice.

Secondary information

Type: Written question
Reference: 8704; 269 c553W;269 c552W
Session: 1995-96
Subjects: Consent to medical treatment Abortion Prosecutions Dixon, Reginald