Our GP initially refused to go above 100 mg or even up to that level. She then agreed to go up to 100 mg when advised to by Jonathan Chick. Now she has been advised by a new doctor to go above that level she has done so.
It is about knowledge and experience using the medication and assessing the risks and benefits. Professional negligence can result from failing to prescribe properly and failing to take into account new developments in medicine.
The law on the subject in England, which is the same as all other common law countries and the US is set out in a case called Bolitho. You can refer to this when you talk to your doctor. A doctor has to look at the risks and benefits of Baclofen and compare them with the risks of allowing a patient to remain alcoholic.
Bolitho is a House of Lords decision on the standard of care in negligence cases against doctors. The House of Lords in 1957 in a case called Bolam said that doctors could not be held negligent if they followed practices which were also followed by a responsible body of experts. That decision was often criticized as it suggested that whatever doctors generally do for patients, so long as they all do it or there are some responsible doctors who say the practice is acceptable, there is nothing a patient can do about it. If you become ill because your doctor does not follow a new treatment the doctor could not be held responsible for what happens to you.
In other words, in the case of alcoholism, a doctor could not be criticized for following the accepted treatments for alcoholism.
The House of Lords in Bolitho changed that by reinterpreting Bolam. Here is what they said:
"...in cases involving, as they so often do, the weighing of risks
against benefits, the judge before accepting a body of opinion as
being responsible, reasonable or respectable, will need to be satisfied that, in forming
their views, the experts have directed their minds to the question of
comparative risks and benefits and have reached a defensible conclusion on the
matter. There are decisions which demonstrate that the judge is
entitled to approach expert professional opinion on this basis. For example, in
Hucks v. Cole [1993] 4 Med.L.R. 393 (a case from 1968), a doctor
failed to treat with penicillin a patient who was suffering from
septic spots on her skin though he knew them to contain organisms
capable of leading to puerperal fever. A number of distinguished
doctors gave evidence that they would not, in the circumstances, have
treated with penicillin. The Court of Appeal found the defendant to
have been negligent. Sachs L.J. said, at p. 397:
"When the evidence shows that a lacuna in professional practice exists by
which risks of grave danger are knowingly taken, then, however small the risk, the
court must anxiously examine that lacuna?particularly if the risk can be easily and
inexpensively avoided. If the court finds, on an analysis of the reasons given for
not taking those precautions that, in the light of current professional
knowledge, there is no proper basis for the lacuna, and that it is definitely
not reasonable that those risks should have been taken, its function is to state that
fact and where necessary to state that it constitutes negligence. In such a case the practice
will no doubt thereafter be altered to the benefit of patients."
On such occasions the fact that other practitioners would have done the same thing as the
defendant practitioner is a very weighty matter to be put on the
scales on his behalf; but it is not, as Mr. Webster readily conceded,
conclusive. The court must be vigilant to see whether the reasons
given for putting a patient at risk are valid in the light of any
well-known advance in medical knowledge, or whether they stem from a
residual adherence to out-of-date ideas."
It is interesting that, having heard Dr. Ameisen, doctors at the McLean Medical School at Harvard University asked him to write up a prescribing schedule for Baclofen to be used immediately. I can only think that they were intelligent doctors who were enlightened about their ethical and legal responsibilities to their patients.
That is the law so when you go to your doctor with articles about Baclofen and stories from here about its success take this statement of the law and maybe then they will start to listen...and maybe their PCT will start to listen as well.
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