Government Supports The Introduction Of Martha’s Rule Providing Patients With The Right To Request A Second Medical Opinion

The Health Secretary, Steve Barclay, is supporting the roll-out of Martha’s Rule which would mean that hospital patients would be able to request a second medical opinion if they feel their concerns are not being taken seriously by medical staff. NHS England will now start work to bring this patient right into effect.

This announcement follows calls from the parents of a 13-year-old girl who died in hospital two years ago. The teen died after failures in treating her sepsis and it was later highlighted that the family’s concerns during her treatment were not noted or acted upon. An Inquest stated that she could have survived had her care been better.

The King’s College Hospital Trust has stated that it was “deeply sorry that we failed Martha when she needed us most” and that her parents’ concerns should have been listened to.

Present rules on second medical opinions

Currently, patients or their loved ones have no legal right to a second opinion, although medical practitioners should consider the circumstances and whether a second opinion is required.

All doctors must respect a patient’s right to seek a second opinion according to the General Medical Council. Additionally, if a medical practitioner thinks it is in the best interest of the patient to refer for a second opinion, they should do so.

However, requests for second opinions, if approved, can involve being referred to a new doctor, which can take time with a patient potentially having to be placed on a new waiting list to be seen. This is obviously an issue in an emergency.

The introduction of Martha’s Rule would help in clarifying the process and rights of patients where time is of the essence.

Comments from the Health Secretary

Steve Barclay has committed to the introduction of Martha’s Rule as soon as possible. He told Today:

Adding:

The Health Secretary has requested that the patient-safety commissioner meet with NHS leaders and learn from similar schemes abroad, such as Ryan’s Rule.

Ryan’s Rule

Ryan’s Rule is a patient safety initiative that was introduced in the state of Queensland, Australia, to improve communication and ensure that patients and their families are heard when they have concerns about their care in a hospital setting. It is named after Ryan Saunders, a young boy who died in a Queensland hospital in 2007 after a series of medical errors.

Ryan’s Rule allows patients, their families, or carers to seek a second opinion if they are concerned about a patient’s condition or the care they are receiving. It is designed to provide an avenue for patients and their families to escalate their concerns and request a review of their medical treatment.

Different approaches for different hospitals

Earlier this week, NHS England Medical Director, Professor Sir Stephen Powis, said that change was needed but that different hospitals might require different approaches, commenting: