Medical and life sciences

Horizon scanning

The Assisted Dying Bill in focus: key updates and implications

What is happening?
In November 2024 the Terminally Ill Adults (End of Life) Bill (the Bill) was introduced for Parliamentary review; it could be enacted in 2025. The Bill allows doctors to assist adults with a terminal illness to end their lives.

The proposed process requires a panel consisting of a senior lawyer, psychiatrist and social worker to consider and scrutinise requests for end-of-life assistance. The panel will take evidence from at least two doctors about the individual's condition, prognosis and capacity, as well as from the individual requesting the assistance. There are no qualification restrictions on which doctors may conduct assessments, so that additional liability risk could apply to any qualified doctor. There will be no criminal or civil liability for those who assist dying in accordance with the statutory procedures. If procedures are not followed however, a practitioner may face prosecution and/or a civil claim.

Why does it matter?

For practitioners, the result is that doctors called to give evidence will require support to prepare their submissions, particularly where their assessment does not fully align with the individual's wishes and where a future complaint or negligence claim could arise. Healthcare organisations will need to adapt internal policies and purchase appropriate insurance cover against the risk of regulatory investigations and/or negligence claims arising from their assistance.

The General Medical Council (GMC) has taken a neutral stance towards assisted dying to date. Were the Bill to be passed, the GMC will be expected to monitor and regulate doctors' conduct and participation in assisted dying procedures, though there is no indication as yet as to the extent of regulation that can be expected.

It may also be necessary for the GMC to amend some of their long-established ethical principles that may be deemed incompatible with legislation which permits assisted dying, such as the obligation for medical professionals to show respect for human life, to protect the health of patients and for the presumption in favour of prolonging life.

From an insurer perspective, given the uncertainty over the final content of the Bill, and the extent of any resulting medical malpractice liability, insurers may wish to consider their approach to covering participation in assisted dying.

In Australia, where assisted dying has been legal in various states since 2019, many underwriters insert exclusions into their policies, while others make no distinction between assisted dying and other medical practice. There may therefore be a niche in the market for a bold insurer willing to cover this risk.

What action should organisation take?
For Insurers that choose to cover this risk, it will be important to consider the impact of potential claims arising from the negligent provision of end-of-life assistance or the negligent storage of end-of-life medication. From there, insurers must decide on what terms they wish to underwrite this risk, as well as assessing the extent to which any increased risk level should affect the value of policy premiums. These considerations should extend to whether Fitness to Practise investigations arising from assisted dying should be covered.

MPs are scheduled to vote as to whether they wish to pass or reject the Bill in its current form on 20 June 2025, so watch this space for possible further developments surrounding this controversial but impactful proposal.

Key dates

MPs are scheduled to vote as to whether they wish to pass or reject the Bill in its current form on 20 June 2025

Siân Morgan
Partner
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sian.morgan@rpclegal.com

Bryce Jones
Associate
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Emily Twomey
Trainee Solicitor
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emily.twomey@rpclegal.com