Brian Keighley: 'Vulnerable groups would be at a disadvantage'

MUCH of the detail and principles outlined in this bill are more suited to a patients' charter-style approach and we are not convinced that it would be practical to translate these into legally binding "rights".

No doubt in response to criticism of its original proposals, the bill does not allow patients to claim damages or compensation if they believe their rights have not been met. Which leads to the question – why bother with legislation?

We do not believe that any political guarantee regarding specific waiting times should be placed in legislation. To do so could potentially distort clinical priorities, resulting in patients with less serious complaints being treated before those with more complex medical problems. Services not covered by these legally binding waiting guarantees are more likely to be services that are not easily measured including mental health, care for the elderly and learning disabilities.

A distortion in funding could place these services for some of the most vulnerable groups in our society at a disadvantage as resources are directed towards services in legislation.

The key to ensuring the core values and principles of the NHS are translated effectively into real patient experience lies with the need for adequate time, support and resources for front line staff to provide safe and effective care.

• Dr Keighley is chairman of the British Medical Association in Scotland.