Medical Negligence Flashcards
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
Risk versus benefit analysis
Working in a patients best interests
Working within one’s own capabilities
Achieving expected outcomes
What is Quintuple Jeopardy?
Local complaints > Disciplinary action - employer > Civil claim > Medical council > Criminal prosecution
Why might a patient make a complaint?
Error
Grief
Poor understanding/poor explanation
Unrealistic expectations
Failure to appreciate needs/wishes of patient
What are some differences that might explain why litigation is more common in USA than the UK?
No well developed free socialised healthcare system (i.e. NHS)
Jury involved - someone to blame
Contingency fee system for lawyers
Public expectation
UK NHS complaints procedures permit interaction and explanation for patients without the need to sue
GMC complaints features
Anyone can make a complaint
At the GMC the complaint is considered by case workers
May be passed on to case examiners - investigate if your “honesty and probity” are in question
Cases heard by the Medical Practitioners Tribunal Service (MPTS)
Various sanctions can be imposed
All parties have a right of appeal
What do some GMC cases include?
Manner and attitude
Dishonesty
Sexual impropriety
Criminal convictions
Health issues - drink driving/abuse of drugs/mental health
Significant performance issues
Types of criminal allegations made against doctors
Indecent assault
Prescription fraud
Manslaughter
Murder
Deception offences
What is the Difference between Civil and Criminal court?
Civil law is concerned with the rights and property of individual people or organisations, which may not always be protected by criminal laws
Criminal law essentially relates to offences and breaches that negatively affect society as a whole, rather than just one person
Who deals with criminal proceedings?
Criminal proceedings will usually be brought by the Crown Prosecution Service (CPS)
What is the definition of medical negligence?
A lack of reasonable care and skill as a result of which the patient suffers
In Britain, do the courts grant punitive damages (i.e. money fined by a way of punishment)?
No bro
What must be demonstrated legally to fulfil the definition of medical negligence?
- A legal duty to provide care and skill i.e. a professional relationship, which in legal terms is a contract
- Reasonable care and Skill, the concept of “Accepted medical practice”
- Actual damage must have occurred as a direct result of the lapse i.e. Causation
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 strategies for avoiding/minimising the risk of complaints of negligence?
Join a medical defence organisation (MDDUS, MDU, MPS)
Seek advice early
Maintain good records
Delegation
Comments about colleagues
Courtesy and hostility
Report early to Defence Organisation
