Medical Negligence Flashcards
What is a complaint?
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
What is the time limit on complaints?
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
How long can the complaint officer take to decide whether the complaint can be dealt with formally or informally?
5 days
How long should it take for complaints to be fully responded to?
< 20 days
What can patients do if they are dissatisfied by the complaint response?
They can contact the complaints officer again
OR
They can contact the Public Services Ombudsman
What are local complaints?
It is the lowest form of complaint, which usually involves the member of staff themselves or their line manager
What might result from a local complaint?
Disciplinary action from your employer
In which document do you have to declare any complaints that have been made against you?
Annual appraisal
What can local complaints escalate to?
Civil claim
What is a civil claim?
It is a complaint which involves a sheriff or judge
What can civil complaints escalate to?
GMC involvement
Can patients go directly to the GMC to make a complaint?
Yes
Which GMC members initially investigate a complaint? In cases where honesty and probity are questioned, who then reviews the complaint?
Case workers
Case examiners
Who imposes sanctions based upon the investigations conducted by the GMC on complaints?
Medical practitioners tribunal service (MPTS)
What four sanctions can be imposed by the MPTS?
Supervision
Prescription restrictions
Suspension
Register removal
Who has the right to appeal at this point in complaint escalation?
Both parties
What can medical council complaints escalate to?
Criminal prosecution
What five criminal allegations can be made against doctors?
Indecent assault
Prescription fraud
Manslaughter
Murder
Deception offences
What is civil law?
It settles disputes between individuals and organisations
What is a consequence of civil court prosecution?
Compensation
What is criminal law?
It relates to offences and breaches that negatively affect society as a whole, rather than just one person
What is a consequence of criminal court prosecution?
Prison
What is medical negligence?
It is defined as a lack of reasonable care and skill as a result of which the patient suffers
What type of law does medical negligence usually fall under - criminal or civil?
Civil law
What are the three components that define medical negligence legally?
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
Describe the procedure upon complaint of negligence
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
What are the three lines of action following complaint of negligence?
No case to answer
Negligence is self evident
Neither of the above - Court
What are the four ways in which doctors can defend themselves against medical negligence?
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
What are the five ways in which individuals can avoid/minimise the risk of negligence complaints?
Join a medical defence organisation
Seek advice early from seniors
Maintain good records
Delegate appropriately
Report early to defence organisations
List three medical defence organisations
MDDUS
MDU
MPS
