Medical Negligence

Question 1

Who is the GMC ?

Answer 1

The medical professions regulator

Question 2

Who is the GMC regulated by?

Answer 2

Professional Standards Authority

Question 3

What is the role of the GMC?

Answer 3

To oversee and certify medical education

To produce the medical register

Ensuring doctors are fit to practice by publishing ethical and professional guidance

Question 4

What relevance does legislation have to working as a doctor?

Answer 4

Working legally and lawfully
Duty of care to patient 
Working with proper skill and attention
Risk versus benefit analysis
Working in a patients best interest
Working within one owns capabilities
Achieving expected outcomes

Question 5

What are the 5 steps of a complaint being made?

Answer 5

Local complaints
Disciplinary actions - employer
Civil Claim
Medical Council
Criminal Prosecution

Question 6

Why might a patient make a complaint?

Answer 6

Error, grief, poor understanding/explanation, unrealistic expectations, failure to appreciate needs/wishes of a patient

Question 7

Name some disciplinary procedures of employers?

Answer 7

Terms and conditions of service
Appraisal
Job Planning
Time Keeping
Absence

Question 8

What is a civil claim?

Answer 8

A claim for compensation from an injured person. Jury is involved and there is a contingency fee system for lawyers

Question 9

What are the basis for complaint via the GMC?

Answer 9

Anyone can make a complaint and the complaint is considered by case workers. Can be passed onto case examiners and are heard by the MPTS

Question 10

What do GMC cases include?

Answer 10

Manner and attitude, Dishonesty, Sexual Impropriety, Criminal Convictions, Health Issues, Performance Issues

Question 11

When may a criminal prosecution be carried out against a medical professional?

Answer 11

If there has been an allegation of:

• Indecent Assault
• Prescription Fraud
• Manslaughter (Culpable Homicide in Scotland)
• Murder
• Deception Offences

Question 12

What is the difference between Civil and Criminal Courts?

Answer 12

Civil Law is concerned with rights and property of individuals. Disputes are settled between individuals and organisations - involves compensation. Nobody sent to prison

Criminal law relates to offences and breaches that affect society as a whole, rather than one person. They are subject to criminal prosecution by state

Question 13

Define medical negligence

Answer 13

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

Question 14

How is compensation given in medical negligence?

Answer 14

Monetary award reflects financial loss suffered by patience and not degree of negligence i.e small degree of negligence can lead to large financial loss = LARGE PAY OUT BY DOCTOR

Question 15

What must be fulfilled when Medical Negligence is claimed?

Answer 15

• a legal duty to provide care and skill
• responsible care and skill
• actual damage and causation

Question 16

What are examples of losses leading to compensation?

Answer 16

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

Question 17

What are the lines of defence when it comes to medical negligence?

Answer 17

Deny the charge

True facts but not the pursued doctors fault or vicarious liability

Patient took a risk - consented procedure

Contributory Negligence

Question 18

What are the strategies for minimising risk?

Answer 18

Join a defence union
Seek advice early
Maintain good records
Delegation
Don't make comments about colleagues
Courtesy and Hostility
Report early to Defence Organisation