Medical Negligence Flashcards
How is the medical profession regulated?
Through the General Medical Council which is regulated by the Professional Standards Authority
What legislation affects doctors?
The GMC publishes its ethical and professional guidance in the form of Good Medical Practice. This essentially sets out principles of: putting patient first, being honest, knowledge to practise legally, knowing limitations, being knowledgable and up to date, treating people with dignity, treating people consistently and being able to admit when wrong
What are the legal definitions of medical negligence?
A lack of reasonable care and skill as as result of which the patient suffers
What is a medical negligence claim?
Every citizen has a right to certain standards of service and if negligence in delivery of that service can be demonstrated the individual may sue in the civil courts for compensation, and if successful will be awarded damages
The following must be demonstrated:
- Legal duty to provide care and skill eg a contract
- Reasonable care and skill eg the concept of accepted medical practice
- Actual damage must have occurred as a direct result of the lapse eg causation - they must show that the alleged negligence caused the damage
How is the risk of negligence minimised?
Join a medical defence organisation Seek advice early Maintain good records Delegate Watch comments about colleagues Be courteous and avoid hostility Report early to defence organisation
