Medical Ethics

Question 1

what is the definition of medical neglicence?

Answer 1

a lack of reasonable skills and care as a result of which the patient suffers

Question 2

what criteria need to be met to prove medical neglicence?

Answer 2

• duty of care (contract)
• reasonable care and skills (accepted medical practice)
• actual damage to person
• casuality

Question 3

what are the possible ways a complaint can be raised against a doctor?

Answer 3

• by local complaint
• through disciplinary action by employer
• by civil claim
• by medical council
• through criminal prosecution

Question 4

what are the responsibilities of the GMC?

Answer 4

• assessment and certification of medical education
• production and upkeep of medical register
• ensure doctors are fit to practice

Question 5

what are the processes a negligence claim undergoes through the GMC?

Answer 5

• assessed by case workers
• reviewed by case examiners
• heard by medical practitioners tribunal service (MPTS)

Question 6

what are the duties of a doctor in response to a medical negligence claim?

Answer 6

duty to respond to claim

Question 7

what are the possible responses to a medical negligence claim?

Answer 7

• no case to answer
• self-evident negligence (settle out of court)
• legal debate/court case

Question 8

what are the lines of defence available to doctors against medical negligence?

Answer 8

• deny charge
• patient took a risk by consenting
• contributory negligence (patient’s own negligence)
• vicarious liability

Question 9

how is compensation measured following a successful medical negligence claim?

Answer 9

compensation measured to reflect loss to patient rather than based on the degree of negligence

Question 10

what is the difference between a civil claim and a criminal case?

Answer 10

civil claim is normally a dispute between two private parties
criminal case is an act against a city/state

Question 11

what entity regulates the GMC?

Answer 11

professional standards authority

Question 12

what is meant by “accepted medical practice” in the context of medical negligence?

Answer 12

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

Question 13

what is meant by vicarious liability in the context of lines of defence against medical negligence?

Answer 13

the employer taking the blame on behalf of the accused

Question 14

what is meant by contributory negligence in the context of lines of defence against medical negligence?

Answer 14

that the patient’s loss incurred as a result of supposed medical negligence stems from the patient’s own negligence

Question 15

what is the Professional Standards Authority?

Answer 15

the entity which oversees the regulatory bodies of services providing healthcare

Question 16

name a few examples of reasons why compensation may be awarded as a result of medical negligence

Answer 16

expenses incurred
lost earnings
permanent incapacity
procreative incapacity
reduced enjoyment of life
suffering/pain incurred
death

Question 17

what are the four domains in the GMC’s Good Medical Practice documentation?

Answer 17

1. Knowledge, Skills and Performance
2. Safety and Quality
3. Communication, Partnership and Teamwork
4. Maintaining Trust

Question 18

in which domain of the GMC’s Good Medical Practice documentation is the concept of medical confidentiality discussed?

Answer 18

in Domain 4 - Maintaining Trust

Question 19

which document pertaining to a patient is not strictly confidential?

Answer 19

Medical Certificate of Cause of Death

Question 20

what legislation does medical confidentiality fall under?

Answer 20

• common law (contract and equity law)

- GDPR regulations

Question 21

name a few examples of when confidentiality can be breached

Answer 21

1. if patient gives consent
2. if sharing info with other medical practitioners in patient’s best interest
3. if risk of harming self or others
4. if public health risk
5. if child abuse risk
6. if statutory requirement (eg crime)
7. if ruled by court of law
8. if used in doctor’s own defence