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Year Three - Medical Ethics & Law > Medical Negligence > Flashcards

Medical Negligence Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards USMLE® Step 1 flashcards
1
Q

What is a complaint?

A

It is regarded as any expression of dissatisfaction about our action or lack of action, or about the standard of service provided by us on our behalf

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2
Q

What is the time limit on complaints?

A

It should be within 6 months of the incident

OR

It is within 6 months of becoming aware, assuming that is is not 12 months from the incident

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3
Q

How long can the complaint officer take to decide whether the complaint can be dealt with formally or informally?

A

5 days

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4
Q

How long should it take for complaints to be fully responded to?

A

< 20 days

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5
Q

What can patients do if they are dissatisfied by the complaint response?

A

They can contact the complaints officer again

OR

They can contact the Public Services Ombudsman

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6
Q

What are local complaints?

A

It is the lowest form of complaint, which usually involves the member of staff themselves or their line manager

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7
Q

What might result from a local complaint?

A

Disciplinary action from your employer

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8
Q

In which document do you have to declare any complaints that have been made against you?

A

Annual appraisal

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9
Q

What can local complaints escalate to?

A

Civil claim

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10
Q

What is a civil claim?

A

It is a complaint which involves a sheriff or judge

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11
Q

What can civil complaints escalate to?

A

GMC involvement

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12
Q

Can patients go directly to the GMC to make a complaint?

A

Yes

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13
Q

Which GMC members initially investigate a complaint? In cases where honesty and probity are questioned, who then reviews the complaint?

A

Case workers

Case examiners

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14
Q

Who imposes sanctions based upon the investigations conducted by the GMC on complaints?

A

Medical practitioners tribunal service (MPTS)

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15
Q

What four sanctions can be imposed by the MPTS?

A

Supervision

Prescription restrictions

Suspension

Register removal

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16
Q

Who has the right to appeal at this point in complaint escalation?

A

Both parties

17
Q

What can medical council complaints escalate to?

A

Criminal prosecution

18
Q

What five criminal allegations can be made against doctors?

A

Indecent assault

Prescription fraud

Manslaughter

Murder

Deception offences

19
Q

What is civil law?

A

It settles disputes between individuals and organisations

20
Q

What is a consequence of civil court prosecution?

A

Compensation

21
Q

What is criminal law?

A

It relates to offences and breaches that negatively affect society as a whole, rather than just one person

22
Q

What is a consequence of criminal court prosecution?

A

Prison

23
Q

What is medical negligence?

A

It is defined as a lack of reasonable care and skill as a result of which the patient suffers

24
Q

What type of law does medical negligence usually fall under - criminal or civil?

A

Civil law

25
Q

What are the three components that define medical negligence legally?

A

There must be a legal duty to provide care and skill, which in legal terms is a contract

There must be error of accepted medical practice - which means that a doctor has proven guilty of such failure that no doctor of ordinary skill would be guilt of acting

There must be actual damage that has occurred as a direct result of the lapse

26
Q

Describe the procedure upon complaint of negligence

A

The patient states his complaint to his solicitor, who, if believe the allegations have substance, represent the complaint to the doctor in writing, detaining financial rewards for damages

The doctor immediately put the affair in the hands of their legal representatives

27
Q

What are the three lines of action following complaint of negligence?

A

No case to answer

Negligence is self evident

Neither of the above - Court

28
Q

What are the four ways in which doctors can defend themselves against medical negligence?

A

Deny the charge

True facts but the doctor is being held liable for the actions of another person - healthboard, etc

Patient consented procedure

Patients own negligence contributed to their loss or damage

29
Q

What are the five ways in which individuals can avoid/minimise the risk of negligence complaints?

A

Join a medical defence organisation

Seek advice early from seniors

Maintain good records

Delegate appropriately

Report early to defence organisations

30
Q

List three medical defence organisations

A

MDDUS

MDU

MPS

Year Three - Medical Ethics & Law (5 decks)

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