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Medical Ethics and Law > Medical Negligence > Flashcards

Medical Negligence Flashcards

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1
Q

What is medical negligence?

A

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

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2
Q

What can happen if a citizen has experienced negligence in their standard of care?

A

The individual may sue in the civil Courts for compensation, and if successful will be awarded damages (money)

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3
Q

How can the medical negligence settlement take place?

A

Out of court”
Or
An action may proceed through the Civil Courts before a judge

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4
Q

What must be demonstrated to fulfil the definition of medical negligence?

A
  1. A legal duty to provide care and skill
  2. Reasonable care and skill
  3. Actual Damage must have occurred as a direct result of the lapse
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5
Q

What does A legal duty to provide care and skill encompass?

A

A professional relationship, which in legal terms is a contract

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6
Q

What are the 2 types of contract?

A
  • Express contract- stating the procedure, the risks and complications
  • Implied contract- bring patient medication and they take it, no question
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7
Q

What does reasonable care and skill encompass?

A

The concept of accepted medical practice

a mistake made by the practitioner must be an error which no competent doctor in that field would have made.

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8
Q

What does damage as a direct result of the lapse encompass?

A

To prove causation the pursuer must show that, on the balance of probabilities, the alleged negligence caused the damage.

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9
Q

What are some examples of losses leading to compensation?

A
  • Loss of earnings
  • Expenses incurred
  • Impaired enjoyment of life
  • Permanent incapacity
  • Procreative incapacity
  • Pain and suffering endured
  • Death
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10
Q

What are some lines of defence for a charge of negligence?

A
  • Deny the charge
  • Patient took a risk – consented procedure
  • Contributory Negligence
  • True facts but not the pursued doctor’s fault, or vicarious liability
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11
Q

What does contributory negligence include?

A

Claimant’s own negligence contributed to their loss or damage

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12
Q

What does vicarious liability mean?

A

A person can be held liable for the actions of another person (e.g. Health Board can be held responsible for the actions of the doctor

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13
Q

What are some strategies for avoiding/minimalizing the risk of complaints of negligence?

A
  • Join a medical defence organisation (MDDUS, MDU, MPS)
  • Seek advice early
  • Maintain good records
  • Delegation
  • Comments about colleagues
  • Courtesy and hostility
  • Report early to Defence Organisation
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14
Q

What does Quintuple jeopardy include?

A
  • Local Complaints
  • Disciplinary action - employer
  • Civil claim
  • Medical Council
  • Criminal prosecution
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15
Q

When might a patient make a local complaint?

A
  • Error
  • Grief
  • Poor understanding/ poor explanation
  • Patient has unrealistic expectations of recovery
  • Failure of doctor to appreciate needs/wishes of patient
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16
Q

What does the GMC state in regards to local complaints?

A

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
You should apologise where appropriate

17
Q

What can be the implications of a local complaint?

A

Disciplinary actions might be carried out by the employer

18
Q

What are the disciplinary actions centred around?

A

Terms and conditions of service

19
Q

When do you need to declare complaints made against you?

A

Every year at appraisal

20
Q

What happens if a local complaint escalates?

A

It can escalate to a civil claim

21
Q

Why are civil claims more common in the US than in the UK?

A
  • No well developed free socialised health care system
  • Contingency Fee system for lawyers
  • UK NHS Complaints Procedures permit interaction and explanation for patients without need to sue
22
Q

What can happen if a civil claim escalates?

A

The GMC can get involved

23
Q

What happens if the GMC gets involved?

A
  • At the GMC the complaint is considered by case workers
  • May be passed onto Case Examiners - investigate if your “honesty and probity” are in question
  • Various sanctions can be imposed
  • All parties have a right of appeal
24
Q

Who hears the cases if the medical council gets involved?

A

Medical Practitioners Tribunal Service (MPTS)

25
Q

Who has the right to appeal if the GMC get involved?

A

All parties have the right to appeal

26
Q

What type of situations might the GMC investigate?

A

Cases unrelated to medicine

Incidents that have occurred at any time or place

27
Q

What do the GCM cases include?

A
  • Manner and attitude
  • Dishonesty
  • Sexual impropriety
  • Criminal convictions
  • Health issues – drink driving/abuse of drugs/mental health
  • Significant Performance issues
28
Q

What type of criminal allegations can be made against a doctor?

A
  • Indecent assault
  • Prescription fraud
  • Manslaughter
  • Murder
  • Deception offences
29
Q

What does civil law concern?

A

The rights and property of individual people or organisations, which may not always be protected by criminal laws.

30
Q

With whom does civil law settle disputes between?

A

Between individuals and organisations

It often involves compensation being awarded.

31
Q

Are people sent to prison with civil law?

A

No

32
Q

What type of cases are disputed win civil law?

A
  • Family disputes
  • Personal injury
  • Breach of contract
33
Q

What does criminal law relate to?

A

Offences and breaches that negatively affect society as a whole, rather than just one person

34
Q

What happens when someone breaks criminal law?

A

They’re subject to criminal prosecution by the state.

Criminal proceedings will usually be brought by the Crown Prosecution Service (CPS)

35
Q

What are examples of crimes that come under criminal law?

A
  • Burglary
  • Assault
  • Murder

Medical Ethics and Law (10 decks)

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