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Year 3 - Ethics & Law > Medical negligence > Flashcards

Flashcards in Medical negligence Deck (18)
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1
Q

Understand the way in which the medical profession is regulated

Understand the legislation that affects doctors

Understand the legal definitions of medical negligence

Understand the rights of the parties involved in a medical negligence claim, including the doctor and patient

Learn how to minimise the risk of negligence and how to deal with such claims and the associated legislation

A

.

2
Q

Medical profession is regulated by what body

A

GMC

  • oversee and certify medical education
  • ensure doctors are fit to practise
3
Q

What relevance does legislation have to working as a doctor

A

Working legally and lawfully

Duty of care to the patient

Working with proper skill and attention

Working in a patient’s best interests

Working within one’s own capabilities

Achieving expected outcomes

4
Q

5 stages a complaint can progress through

A
Local Complaints
Disciplinary action - employer
Civil claim 
Medical Council
Criminal prosecution
5
Q

5 stages a complaint can progress through:

The 1st stage is a LOCAL COMPLAINT - what does this GMC advise to do in this stage

A

Professional responsibility to reply

Should co-operate with any complaints procedures

Must not allow the complaint to prejudice the care/treatment you arrange for that patient

6
Q

5 stages a complaint can progress through:

The 3rd stage is a CIVIL CLAIM - what does this stage involve

A

Litigation, i.e. taking legal action (lawsuit)

Litigation is more common in USA and settlements are much higher in USA

7
Q

Why is litigation (taking legal action) and settlements higher in the USA - name a few reasons

A

No well developed free socialised health care system (i.e. NHS) therefore damages necessary to cover subsequent medical expenses

Jury involved – someone to blame

Contingency Fee system for lawyers

8
Q

Much of the litigation in USA is related to what

A

poor communication between doctor and patient

9
Q

GMC can deal with what complaints

A

Manner and attitude
Dishonesty
Sexual misconduct
Criminal convictions

10
Q

Types of criminal allegations made against doctors (5)

A
Indecent assault
Prescription fraud
Manslaughter
Murder
Deception offences
11
Q

Difference between civil and criminal courts

A

No one is sent to prison in a civil case but they may be left out of pocket if they’re found liable for compensation, e.g. family disputes, divorces, RTAs

Criminal cases relate to offences and breaches that negatively affect society as a whole rather than just one person, e.g. theft, burglary, murder, assault

12
Q

Define medical negligence

A

a lack of reasonable care and skill as a result of which the patient suffers

13
Q

Legal definitions of medical negligence

A

A legal duty to provide care and skill i.e. a professional relationship, which in legal terms is a contract (EXPRESS or IMPLIED contract)

Reasonable care and skill

  • i.e. the mistake made by the doctor must be an error which NO competent doctor in THAT FIELD would have made
  • also that it was an accepted treatment and that they’re not guilty because another body of medical opinion may have adopted a different treatment

ACTUAL DAMAGE must have occured as a direct result of the alleged negligence

14
Q

Examples of losses leading to compensation in a medical negligence claim

A
Loss of earnings
Expenses incurred
Impaired enjoyment of life
Permanent incapacity
Death
15
Q

Lines of action that legal representatives (defence organisation or health authority) can take after the doctor has put the affair into their hands (i.e. passed the complaint they received to their legal representatives) (3)

A

No case to answer

“Res ipsa loquitur” -negligence is self evident

Neither of the above - legal debate; court

16
Q

Lines of defence against the negligence complaint filed by the patient (4)

A

Deny the charge

True facts but not the pursued doctor’s fault, or vicarious liability (where a person is held liable for the actions of another person, e.g. health board responsible for doctor)

Patient took a risk – consented procedure

Contributory Negligence
- claimant’s own negligence contributed to their loss or damage

17
Q

What is involuntary manslaughter

A

causes death but without intent to kill - doesn’t exist in Scotland; called ‘Involuntary culpable homicide’ instead

18
Q

Strategies for avoiding/minimising the risk of complaints of negligence (7)

*LEARN

A

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