Medical Negligence Flashcards
1
Q
Medical profession regulation in UK
A
GMC
- Regulated by Professional Standards Authority
- Statutory responsibility: medical register
- Medical education
- Fitness to practice: GMP covers all aspects of personal and professional career
2
Q
Good Medical Practice: key components
A
- Put patient’s first
- Honesty
- Knowledge
- Knowing limitations
- Keeping up to date
- Dignity and consistent treatment
- Admit when wrong
3
Q
Importance of legislation
A
- Legal and lawful work
- Duty of care
- Skill and attention
- Risk vs benefit analysis
- Patient’s best interest
- Within capabilities
- Achieving expected outcomes
4
Q
Quintuple Jeopardy of Complaints
A
- Local complaints
- Disciplinary action: employer
- Civil claim
- Medical Council (GMC)
- Criminal prosecution
5
Q
Local complaints
A
- Patient complains to Practice Manager/Charge nurse about any aspect of care or your conduct
- Reasons: error, grief, poor understanding/explanation, unrealistic expectations, failure to appreciate wishes of patient
6
Q
GMC guidelines on responding to complaint
A
- Professional responsibility to respond
- Constructive and honest
- Cooperate with procedure
- Not allow prejudice of care
- Offer apology where appropriate
7
Q
Disciplinary action: employer
A
- Terms and conditions of service breach
- Appraisal
- Job planning
- Time-keeping
- Absence
8
Q
Civil claim
A
Common in US
- No NHS
- Jury involved: delegate blame
- Contingency fee system for lawyers
- Public expectations
- UK complaints procedure promotes interaction (without sue)
9
Q
Medical Council
A
- Anyone can complain
1. Case workers consider
2. Passed to case examiners (honesty)
3. Medical Practitioners Tribunal Service (MPTS)
4. Sanctions: supervision, restriction, suspension, removal - Can appeal
10
Q
Misconduct
A
- Medical: Professionalism, knowledge based
- Non-medical
11
Q
Criminal Prosecution
A
Civil Law
- Concerned with rights of individual people/organisations
- Compensations are awarded
- Medical and clinical negligence
Criminal Law
- Offences that negatively affect society as a whole
- Crown Prosecution Service
- Heard in Magistrate/Crown Court
12
Q
Medical Negligence
A
Patient suffers as a result of lack of reasonable care and skill
13
Q
Medical Negligence Claim Criteria and Procedure
A
- Legal duty to provide care/skill: express/implied contract
- Reasonable care/skill: “accepted medical standard”
- Proven causation
- Complaint to solicitor
- Solicitor complains to doctor
- Doctor puts in hands of legal representatives (Defence Organisation)
- No case, self-evident negligence, neither
- Legal debate
14
Q
Medical Negligence Claim Outcomes
A
- Sue civil courts for compensation
- Monetary award reflects financial loss (not degree of negligence)
- No punishment fee
Examples leading to compensation: - Loss of earnings
- Expenses incurred
- Permanent incapacity
- Death
15
Q
Medical Negligence Claim Lines of Defence
A
- Deny
- True factors but not pursued doctor’s fault (health board)
- Patient took risk (consented)
- Contributory: patients own negligence
