Medical negligence Flashcards
Understand the way in which the medical profession is regulated
Understand the legislation that affects doctors
Understand the legal definitions of medical negligence
Understand the rights of the parties involved in a medical negligence claim, including the doctor and patient
Learn how to minimise the risk of negligence and how to deal with such claims and the associated legislation
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Medical profession is regulated by what body
GMC
- oversee and certify medical education
- ensure doctors are fit to practise
What relevance does legislation have to working as a doctor
Working legally and lawfully
Duty of care to the patient
Working with proper skill and attention
Working in a patient’s best interests
Working within one’s own capabilities
Achieving expected outcomes
5 stages a complaint can progress through
Local Complaints Disciplinary action - employer Civil claim Medical Council Criminal prosecution
5 stages a complaint can progress through:
The 1st stage is a LOCAL COMPLAINT - what does this GMC advise to do in this stage
Professional responsibility to reply
Should co-operate with any complaints procedures
Must not allow the complaint to prejudice the care/treatment you arrange for that patient
5 stages a complaint can progress through:
The 3rd stage is a CIVIL CLAIM - what does this stage involve
Litigation, i.e. taking legal action (lawsuit)
Litigation is more common in USA and settlements are much higher in USA
Why is litigation (taking legal action) and settlements higher in the USA - name a few reasons
No well developed free socialised health care system (i.e. NHS) therefore damages necessary to cover subsequent medical expenses
Jury involved – someone to blame
Contingency Fee system for lawyers
Much of the litigation in USA is related to what
poor communication between doctor and patient
GMC can deal with what complaints
Manner and attitude
Dishonesty
Sexual misconduct
Criminal convictions
Types of criminal allegations made against doctors (5)
Indecent assault Prescription fraud Manslaughter Murder Deception offences
Difference between civil and criminal courts
No one is sent to prison in a civil case but they may be left out of pocket if they’re found liable for compensation, e.g. family disputes, divorces, RTAs
Criminal cases relate to offences and breaches that negatively affect society as a whole rather than just one person, e.g. theft, burglary, murder, assault
Define medical negligence
a lack of reasonable care and skill as a result of which the patient suffers
Legal definitions of medical negligence
A legal duty to provide care and skill i.e. a professional relationship, which in legal terms is a contract (EXPRESS or IMPLIED contract)
Reasonable care and skill
- i.e. the mistake made by the doctor must be an error which NO competent doctor in THAT FIELD would have made
- also that it was an accepted treatment and that they’re not guilty because another body of medical opinion may have adopted a different treatment
ACTUAL DAMAGE must have occured as a direct result of the alleged negligence
Examples of losses leading to compensation in a medical negligence claim
Loss of earnings Expenses incurred Impaired enjoyment of life Permanent incapacity Death
Lines of action that legal representatives (defence organisation or health authority) can take after the doctor has put the affair into their hands (i.e. passed the complaint they received to their legal representatives) (3)
No case to answer
“Res ipsa loquitur” -negligence is self evident
Neither of the above - legal debate; court
