Medical Negligence Flashcards
What is Medical Negligence?
A lack of reasonable care and skill as a result of which the patient comes to harm.
What rights does a citizen have regarding medical service?
The right to reasonable standards of service and to sue for compensation if negligence is demonstrated.
What is the role of the General Medical Council (GMC)?
Registering medical professionals, setting professional standards, regulating education, and overseeing complaints.
What are the key principles of Good Medical Practice?
- Making patient care the first concern
- Maintaining good standards of practice
- Treating colleagues with respect
- Acting with honesty and integrity
- Promoting public health
What is the duty of care?
A legal obligation to provide care and skill in a professional relationship.
What constitutes a breach of duty of care?
Failure to maintain a reasonable standard of care and skill.
What is causation in the context of medical negligence?
Establishing that actual damage occurred as a direct result of the alleged negligence.
What is Gross Negligence Manslaughter?
A chargeable common law offence when an action or failure to act leads to an individual’s death due to extreme negligence.
What is the significance of the case R v Bateman?
Established that negligence must show disregard for life and safety to amount to a crime deserving punishment.
What factors contribute to medical errors?
- Stressful environments
- Systemic factors
- Exhaustion
- Distractions
What is the Adomako test?
Determines if an action was so far below the expected standards that it amounts to a crime.
What are common reasons patients might make a complaint?
- Error
- Grief
- Poor understanding
- Unrealistic expectations
- Failure to appreciate patient needs
What is the role of the Ombudsman in medical complaints?
Conducts detailed external reviews and makes recommendations.
What does the term ‘Res ipsa loquitur’ mean?
Negligence is self-evident.
What does the term ‘duty of candour’ refer to?
The obligation to be open and honest with patients when something goes wrong.
What is the impact of poor communication between doctor and patient?
70%-80% of litigation in the USA is related to this issue.
What are potential outcomes of a GMC investigation?
- No case to answer
- Sanctions imposed
- Right of appeal
What is the significance of the Barnett case in establishing causation?
It emphasized that the alleged negligence must have contributed to the eventual outcome.
Fill in the blank: A doctor must act within their own _______.
[capabilities]
True or False: In civil cases, someone can be sent to prison.
False
What is the role of continued professional development in medical practice?
To ensure medical professionals remain competent and up-to-date in their skills.
What can lead to a claim of negligence?
A negligent act or omission that breaches the duty of care.
What should be done when things go wrong in medical practice?
- Address complaints
- Investigate incidents
- Implement disciplinary actions if necessary
What was the outcome of the Dr Bawa-Garba case?
Found guilty of gross negligence manslaughter, received a suspended jail sentence, and was struck off by the GMC.
What are the consequences of not addressing complaints constructively?
It can lead to deteriorating patient care and potential legal repercussions.
