Medical Negligence Flashcards
How is the medical profession regulated?
The GMC is the professions regulator which is regulated by the Professional Standards Authority
What is the definition of medical negligence?
A lack of reasonable care and skill as a result of which the patient suffers
What is the difference between civil and criminal courts?
Civil law is concerned with the rights and property of individual people or organisations
Criminal law essentially relates to offences and breaches that negatively affect society as a whole, rather than just one person
What is the difference between civil and criminal courts?
Civil law is concerned with the rights and property of individual people or organisations
Criminal law essentially relates to offences and breaches that negatively affect society as a whole, rather than just one person
Examples of civil cases
Family disputes, such as divorce, dissolution of civil partnerships, children’s issues and childcare arrangements
Personal injury cases, such as road traffic accidents, medical and clinical negligence and slips, trips and falls
Breach of contract or promise, such as cases where money is unpaid or a contract isn’t honoured
Employment law, for example where an employee suffers discrimination
Examples of criminal cases
Burglary, theft, arson and criminal damage
Assault, sexual assault and battery
Murder
Fraud, money laundering and drug dealing
Examples of criminal cases
Burglary, theft, arson and criminal damage
Assault, sexual assault and battery
Murder
Fraud, money laundering and drug dealing
What are the legal definitions of medical negligence?
A legal duty to provide care and skill, which in legal terms is a contract
Reasonable care and skill (i.e. to the same level as another doctor of that grading)
Actual damage must have occurred as a direct result of the lapse
What are the legal definitions of medical negligence?
A legal duty to provide care and skill, which in legal terms is a contract
Reasonable care and skill (i.e. to the same level as another doctor of that grading)
Actual damage must have occurred as a direct result of the lapse
Examples of losses leading to compensation
Loss of earnings Expenses incurred Impaired enjoyment of life Permanent incapacity Procreative incapacity Pain and suffering endured Death
Lines of defence
Deny the charge
True facts but not the pursued doctor’s fault, or vicarious liability
Patient took a risk – consented procedure
Contributory Negligence
What is vicarious liability?
where a person can be heldliablefor the actions of another person (e.g. Health Board can be held responsible for the actions of the doctor)
What is contributory negligence?
Claimant’s own negligence contributed to their loss or damage
What are strategies for avoiding/minimalizing the risk of complaints of negligence?
Join a medical defence organisation Seek advice early Maintain good records Delegation Comments about colleagues Courtesy and hostility Report early to Defence Organisation
