Medical negligence Flashcards
What is the GMC’S statutory responsibility?
is to produce the Medical Register – its membership
The GMC is responsible for overseeing and certifying the appropriateness of medical education
What are some topics the GMC guidance includes? (9)
Ethics Professionalism Professional Governance The Law as it affects and governs medical practice Confidentiality Consent Negligence Record Keeping Team working
What does the GMC guidance basically mean? (8)
Putting patients first Being honest Having the knowledge to practise medicine legally Knowing one’s limitations Being knowledgeable and keeping up to date Treating people with dignity Treating people consistently Being able to admit you are wrong
What Relevance Does Legislation have to Working as a Doctor?(7)
Working legally and lawfully Duty of care to the patient Working with proper skill and attention Risk versus benefit analysis Working in a patient’s best interests Working within one’s own capabilities Achieving expected outcomes
What is the Quintuple Jeopardy? - complaint list
Local Complaints Disciplinary action - employer Civil claim Medical Council Criminal prosecution
What are local complaints?
why might a patient complain?
Lowest level - Patients have a right to complain, (error, grief poor explanation, unrealistic expectations, failure to meet wishes of patient)
with local complaints what must you do ?
reply - the first response back is crucial
Disciplinary action - employer? what are the procedures
Terms and conditions of service Appraisal Job planning Time keeping Absence
Civil claim? why are there differences between the UK and U.S
NHS - care regardless of income or insurance
Jury involved – someone to blame
UK NHS Complaints Procedures permit interaction and explanation for patients without need to sue
general medical council - complaints - what is the process?
At the GMC the complaint is considered by case workers
May be passed onto 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 can some GMC cases include? (6)
Manner and attitude Dishonesty Sexual impropriety Criminal convictions Health issues – drink driving/abuse of drugs/mental health Significant Performance issues
Criminal prosecution? types of criminal prosecution?
Indecent assault Prescription fraud Manslaughter Murder Deception offences
What is civil law?
concerned with the rights and property of individual people or organisations, which may not always be protected by criminal laws.
What does civil law dispute?
settles disputes between individuals and organisations, and it often involves compensation being awarded.
Examples of civil law cases?
Family disputes, such as divorce, dissolution of civil partnerships, children’s issues and childcare arrangements
Personal injury cases, such as road traffic accidents, medical and clinical negligence and slips, trips and falls
Breach of contract or promise, such as cases where money is unpaid or a contract isn’t honoured
Employment law, for example where an employee suffers discrimination
