2. Negligence Flashcards
What are the core ethical principles a Dr should have?
Put patients first Be honest Have the knowledge to practice medicine legally Known your own limitations Be knowledgeable and keep up to date Treat people with dignity Treat people consitnetly Admit you are wrong
What are the different types of complaints that a Dr could receive
Local complaints Disciplinary action Civil claim Medical council action Criminal prosecution
What do you need to know about local complaints?
Patients have a right to complain
Dr’s have a legal and a professional responsibility to reply
The first response is the most crucial one
What do you need to know about disciplinary action from the employer?
This can be enforced by the employer for:
Breach of terms and conditions of contract Appraisals Job planning Time keeping Absence
What do you need to know about civil claims?
Less common/severe in Britain
70-80% of legal action is related to poor communication
More than 50% admitted they didn’t like the Dr so much beforehand they wanted to sue them
What do you need to know about complaints to the GMC
Anyone can make a complaint
Case workers consider the complaint
Cases heard by the MPTs
Various sanctions can be imposed
GMC cases include
Manner and attitude Dishonesty Sexual impropriety Criminal convictions Health issues Significant performance issues
What do you need to know about criminal prosecution
Most criminal allegations are held in the civil courts. They settle disputes between individuals and no one cant be sent to prison, however damages and legal fees can be awarded if someone is seen to be liable
Doctors are taken to court for: Indecent assault Prescription fraud Manslaughter Murder Deception offences
What is medical negligence?
What is the typical outcome of a medical negligence hearing?
A lack of reasonable care and skill, as a result of which, the patient suffers.
Money is awarded due to damages
What are the criteria for suing for medical negligence?
There was a legal duty from the Dr to provide care
The Dr had reasonable care and skill
Actual damage occurred as a result of the lapse
What are the lines of defence for a Dr accused of medical negligence?
Deny the charge
True facts but not Dr’s fault (health boards fault)
Patient took a risk- consented procedure
Contributory negligence- patients fault
