Medical Ethics Flashcards
what is the definition of medical neglicence?
a lack of reasonable skills and care as a result of which the patient suffers
what criteria need to be met to prove medical neglicence?
- duty of care (contract)
- reasonable care and skills (accepted medical practice)
- actual damage to person
- casuality
what are the possible ways a complaint can be raised against a doctor?
- by local complaint
- through disciplinary action by employer
- by civil claim
- by medical council
- through criminal prosecution
what are the responsibilities of the GMC?
- assessment and certification of medical education
- production and upkeep of medical register
- ensure doctors are fit to practice
what are the processes a negligence claim undergoes through the GMC?
- assessed by case workers
- reviewed by case examiners
- heard by medical practitioners tribunal service (MPTS)
what are the duties of a doctor in response to a medical negligence claim?
duty to respond to claim
what are the possible responses to a medical negligence claim?
- no case to answer
- self-evident negligence (settle out of court)
- legal debate/court case
what are the lines of defence available to doctors against medical negligence?
- deny charge
- patient took a risk by consenting
- contributory negligence (patient’s own negligence)
- vicarious liability
how is compensation measured following a successful medical negligence claim?
compensation measured to reflect loss to patient rather than based on the degree of negligence
what is the difference between a civil claim and a criminal case?
civil claim is normally a dispute between two private parties
criminal case is an act against a city/state
what entity regulates the GMC?
professional standards authority
what is meant by “accepted medical practice” in the context of medical negligence?
it is the concept of determining whether negligence took place based on what other professionals in the field would have done/whether it was an action which different professional bodies may have different views on
what is meant by vicarious liability in the context of lines of defence against medical negligence?
the employer taking the blame on behalf of the accused
what is meant by contributory negligence in the context of lines of defence against medical negligence?
that the patient’s loss incurred as a result of supposed medical negligence stems from the patient’s own negligence
what is the Professional Standards Authority?
the entity which oversees the regulatory bodies of services providing healthcare
name a few examples of reasons why compensation may be awarded as a result of medical negligence
expenses incurred lost earnings permanent incapacity procreative incapacity reduced enjoyment of life suffering/pain incurred death
what are the four domains in the GMC’s Good Medical Practice documentation?
- Knowledge, Skills and Performance
- Safety and Quality
- Communication, Partnership and Teamwork
- Maintaining Trust
in which domain of the GMC’s Good Medical Practice documentation is the concept of medical confidentiality discussed?
in Domain 4 - Maintaining Trust
which document pertaining to a patient is not strictly confidential?
Medical Certificate of Cause of Death
what legislation does medical confidentiality fall under?
- common law (contract and equity law)
- GDPR regulations
name a few examples of when confidentiality can be breached
- if patient gives consent
- if sharing info with other medical practitioners in patient’s best interest
- if risk of harming self or others
- if public health risk
- if child abuse risk
- if statutory requirement (eg crime)
- if ruled by court of law
- if used in doctor’s own defence
