Medical negligence Flashcards
What is the progression of complaints?
Local complaints Disciplinary actions - employer Civil claim Medical council Criminal prosecution
What are reasons patients may make complaints?
Error Grief Poor understanding/poor explanation Unrealistic expectations Failure to appreciate needs/wishes of patient
What cases are covered by the GMC?
Manner and attitude Dishonesty Sexual impropriety Criminal convictions Health issues - drink driving, abuse of drugs, mental health Significant performance issues
What criminal allegations can be made against doctors?
Indecent assault Prescription fraud Manslaughter Murder Deception offences
What cases of civil law affect doctors?
Medical and clinical negligence - personal injury
What is the difference between criminal and civil law?
Criminal law typically has an effect on society as a whole and individuals are brought to prosecution by the state
Civil law generally effects only one person
How can medical negligence be defined?
A lack of reasonable care and skill as a result of which the patient suffers
What determines the monetary award in a civil case?
The financial loss suffered by the patient - may be affected by inconvenience or injury - not the degree of negligence
What are the 3 factors which must be fulfilled to demonstrate medical negligence?
1 - A legal duty to provide care and skill - a contract which can be expressed or implied
2 - A concept of accepted medical practice of reasonable care and skill - am error which NO competent doctor in that field would have made
3 - Actual damage must have occurred as a direct result of the lapse
What are examples of losses leading to compensation?
Loss of earnings Expenses incurred Impaired enjoyment of life Permanent incapacity Procreative incapacity Pain and suffering endured Death
What are lines of defence for medical negligence?
Deny the charge
True facts but not the fault of pursed doctor
Patient took a risk and consented to a procedure while knowing the risk
Contributory negligence
What is contributory negligence?
The claimaint’s own negligence contributed to their loss or damage
