Cove
TNPer
GENERAL ASSEMBLY RESOLUTION AT VOTE
Repeal "Freedom in Medical Research"
A resolution to repeal previously passed legislation.
Category: Repeal
Resolution: GA#171
Proposed by: Christian Democrats
Description: WA General Assembly Resolution #171: Freedom in Medical Research (Category: Free Trade; Strength: Significant) shall be struck out and rendered null and void.
Argument: The General Assembly,
Realizing that Resolution 171, Freedom in Medical Research, says the following,
"Doctors, and other medical professionals that utilize controversial forms of treatment shall not be penalized by either the individual, post-procedure, or the government, unless fully informed consent was not acquired,"
Regretting that this provision prevents patients from suing physicians who have harmed them while providing "controversial forms of treatment" and that it further prevents governments from prosecuting or removing the medical licenses of physicians who act negligently while providing "controversial forms of treatment," a phrase that the resolution never defines,
Believing that the patient, at least in some cases (which should be determined by law), is entitled to compensation for any loss or injury that he suffers at the hands of a physician, even if that patient did provide informed consent to the procedure that harmed him,
Opining that consent to a controversial procedure is not necessarily consent to every potential loss or injury that might result therefrom,
Suggesting that physicians who perform "controversial forms of treatment" and want to avoid lawsuits require the persons whom they are treating to sign contracts waiving the right to sue (see Resolution 205, Freedom to Contract) instead of relying on this Assembly to protect them from their own negligence or incompetence when they harm their patients,
Concerned that the provision quoted above unduly might restrict the authority of governments to regulate or to ban unproven medical procedures that are performed by charlatans and that are likely to cause severe harm or significant financial loss to patients and their families,
Noting that Resolution 171, Freedom in Medical Research, also says the following,
"Medicinal drugs, and other such substances shall visibly print the side-effects, ingredients, and the company in which the substance was produced on the vessel in which it's sold in,"
Understanding that it is often impossible to fit an entire list of the ingredients and potential side effects of a drug on the label of the vessel and that it is more reasonable for the drug and its container to be accompanied by a separate pamphlet or booklet that contains a full list of ingredients and potential side effects in a font size that is large enough to read,
Worried, therefore, that the requirement that all side effects and ingredients be printed on the vessel is unreasonable,
Holding the position that Resolution 171, Freedom in Medical Research, is flawed for the aforementioned reasons,
Clarifying that the passage of this repeal does not prevent member states from enacting and enforcing their own laws to provide legal protection or immunity to physicians who offer and provide controversial or experimental forms of medical treatment,
Repeals Resolution 171, Freedom in Medical Research, thus rendering it null and void.
Please vote 'For', 'Against', 'Abstain' or 'Present'.
Ministry of WA Affairs Review
by Minister Sanctarian WA Mission
In reviewing this resolution, the Ministry concentrates on the arguments contained therein, and not the actual substance and content of the resolution it is intended to repeal.
This repeal contends that the target resolution protects doctors that harm patients through controversial treatment methods are wrongfully protected from being sued, even if the patient has consented to the procedure understanding the risks. The author believes that consenting to these controversial procedures can in no way be contrived as consenting to all possible injury or harms.
The author also believes the target resolution to be a major obstacle to governments to ban what it calls "unproven medical procedures", and also suggests the resolution is being unrealistic in its expectations of having all ingredients, side-effects etc. on containers of medicinal drugs.
The Ministry recommends the following: if you agree with the author in his assessment that the target resolution wrongfully protects doctors, restricts what governments can and cannot do in terms of new medical treatments, and is unrealistic in its policies regarding medicinal drugs, it is recommended that you vote in favour of the resolution; if you disagree with the author and believe that, by consenting to the controversial and new medical procedures, the patients' rightfully forgo their right to sue the doctors if harm comes to them, and that the author's claims that the resolution is unrealistic and restrictive are inaccurate, or if you believe that more debate or information is needed then you should lodge a vote against the resolution; if you hold no strong opinions on the issue, or are unswayed by either argument, this Ministry recommends an abstention.