Medico-legal Flashcards
(32 cards)
what does the NHS litigation Authority do?
Manage negligence and other claims against the NHS in England since 1995
Why are patients more likely to make claims now?
There is an increase in public awareness of the legal system
Belief that sub-optimal outcome is the fault of another
opportunity for a financial settlement
in 2018/9 what percentage of claims did Radiology account for ?
4%
radiology claim areas
ultrasound - detection of abnormalities and image reporting
interventional procedures
medical imaging interpretation
Informed consent - IV contrast
incident reporting
working outside scope of practice
expectations of a radiographer
working within scope of practice
understanding and adhering to policies and procedures e.g. IR(ME)R
Patients Rights (NHS Constitution Jan 2021)
Patients have the right to complain, the right to informed consent, the right to reasonable standard of care, the right to acknowledgement, explanation and apology when mistakes occur, the right to give or withhold consent and receive information
HCPC (standards of proficiency for Radiographers 2013) states
Radiographers must work within their scope of practice
They must maintain fitness to practice and a safe working environment
understand the importance and obtain informed consent
be aware of current legislation related to their work
Practice within the legal and ethical boundaries of profession
Society of radiographers (code of professional conduct 2013) states
radiographers have accountability for the quality of the compassionate care and treatment they offer.
Radiographers must work within legal, ethical and governance frameworks concerning their role.
Duty of care
the obligations placed on people to act towards others in a certain way in accordance to standards.
practitioner is responsible for the patient’s care
standards if care
the degree of care that a person is expected to exercise in a particular circumstance or role.
what documents outline radiography standards
standards of proficiency and code of conduct
Tort
is the unintentional violation of another person’s rights, usually due to negligence
Tort is subject to….
civil action and judgement for payable damages
Clinical negligence (Tort law)
This is applied when a patient has been harmed by medical care, where the practitioner has failed to take reasonable care.
5 requirements for negligence
- the defendant owed the claimant a duty of care
- the defendants performance was below the expected standard
- The injury was caused by the breach of duty of care
- Demonstration of actual harm as a consequence of the HCP departure from standards of care
5 requirements for negligence
- the defendant owed the claimant a duty of care
- the defendants performance was below the expected standard
- The injury was caused by the breach of duty of care
- Demonstration of actual harm as a consequence of the HCP departure from standards of care
- Foreseeability: HCP would be able to predict the harmful consequences of action
what is negligence?
when a patient is harmed by medical care in circumstances where a practitioner or organisation has failed to take reasonable care.
examples of negligence
working outside of scope of practice
failure to document
failure to communicate
failure to assess/monitor/follow up
misdiagnosis
not following protocol
failure to use equipment responsibly
failure to obtain informed consent from the patient
institutional unsafe practice
Avoiding negligence
Adhere to clinical guidelines, policies and procedures
work within scope of practice
Have high level of communication skills
obtain informed consent
accurate documentation
CPD and training courses
Accountability
An obligation or willingness to accept responsibility for one’s actions
Arenas of accountability
PUBLIC, PATIENT, EMPLOYER, PROFESSIONAL
public arena accountability
criminal law and criminal courts
Patient arena of accountability
civil law and civil courts
professional arena of accountability
Code of conduct, HCPC (fitness to practice) and SOR
