Medical Negligence 1 and 2 Flashcards
GMC guidance includes advice about what?
- Ethics
- Professionalism
- Professional Governance
- The Law as it affects and governs medical practice
- Confidentiality
- Consent
- Negligence
- Record Keeping
- Risk management, audit, peer review
- Clinical governance
- Referral of patients
- Dealing with criticism and complaints
- Working with colleagues, team working
- The duty to report
- The duty of candour
- Continued professional development
- Self-appraisal and staying healthy
Summarise the GMC guidance to doctors?
- Putting patients first
- Being honest
- Having the knowledge to practise medicine legally
- Knowing one’s limitations
- Being knowledgeable and keeping up to date
- Treating people with dignity
- Treating people consistently
- Being able to admit you are wrong
What is the relevance of understanding legislation when working as a doctor?
- Working legally and lawfully
- Duty of care to the patient
- Working with proper skill and attention
- Risk versus benefit analysis
- Working in a patient’s best interests
- Working within one’s own capabilities
- Achieving expected outcomes
What are the difference ways that a complaint can be made?
Why might patients make a local complaint?
- Error
- Grief
- Poor understanding/poor explanation
- Unrealistic expectations
- Failure to appreciate needs/wishes of patient
In regards to a local complaint, what do doctors have a legal responsibilityt to do?
Have a legal and professional responsibility to reply
GMC states:
“… you have a professional responsibility to deal with complaints constructively and honestly.You should co-operate with any complaints procedure which applies to your work.You must not allow a patient’s complaint to prejudice the care or treatment you provide or arrange for that patient …
When appropriate you should offer an apology.”
What are some examples of employer disciplinary procedures?
- Terms and conditions of service
- Appraisal
- Job planning
- Time keeping
- Absence
What are some potential reasons why litigation (civil claims) are more common in the USA than the UK?
- No well-developed free socialised health care system (i.e. NHS) therefore damages necessary to cover subsequent medical expenses
- Jury involved – someone to blame
- Contingency Fee system for lawyers
- Public Expectation
- UK NHS Complaints Procedures permit interaction and explanation for patients without need to sue
What are most cases of litigation due to?
Most cases of litigation are due to poor communication between doctor and patient
Describe the process of a complaint to the GMC?
- Anyone can make a complain
- Complain is considered by case workers
- May be passed onto Case Examiners to investigation your “honesty and probity” if they are in question
- Cases heard by the Medical Practitioners Tribunal Service (MPTS)
- Various sanctions can be imposed
- All parties have a right to appeal
Complaints made to the GMC are heard by who?
Medical Practitioners Tribunal Service (MPTS)
What must investigations into the GMC be related to, at what time, and where?
- Can be unrelated to medicine
- Incidents can have occurred at any time
- Incidents can have occurred anywhere
What are some examples of potential GMC cases?
- Manner and attitude
- Dishonesty
- Sexual impropriety
- Criminal convictions
- Health issues
- Drink driving
- Abuse of drugs
- Mental health
- Significant performance issues
What are examples of types of criminal allegations made against doctors?
- Indecent assault
- Prescription fraud
- Manslaughter
- Murder
- Deception offences
What is the difference between civil law and criminal law?
- Civil law is concerned with the right and property of individual people or organisations, which may not always be protected by criminal laws
- Criminal law relates to offences that negatively affect society as a whole, rather than just one person
