Negligence Flashcards
How is the GMC regulated?
By the Professional Standards Authority
What are some responsibilities of the GMC?
Produce the medical register
(Its membership)
Overseeing and certifying the appropriateness of medical education
Ensuring that doctors are fit to practice by publishing its ethical and professional guidance
How is legislation relevant to working as a doctor?
Working legally and lawfully Duty of care to patient Working with proper skills and attention Risk vs benefit analysis Working in a patient's best interest Working within one's own capabilities Achieving expected outcomes
How are complaints escalated?
Local complaints Disciplinary action -employer Civil claim Medical council Criminal prosecution
What are some reasons a patient might make a complaint?
Error Grief Poor understanding/explanation Unrealistic expectation Failure to appreciate needs/wishes of the patient
How are complaints processed at the GMC?
Complaint is considered by case workers
Passed onto case examiners if “honesty and probity” are in question
Cases heard by Medical Practitioners Tribunal Service (MPTS)
Various sanctions can be imposed
All parties have right of appeal
What are some types of criminal allegations made against doctors?
Indecent assault Prescription fraud Manslaughter Murder Deception offences
What is civil law?
Concerned with rights or property of individual people
Settled between individuals and organisations
Often involves compensation awarded
No one is sent to prison in civil cases
Hinged on establishing a duty of care
What is criminal law?
Relates to offences and breaches that negatively affect society as a whole rather than an individual
Subject to criminal prosecution by the state
Usually brought by CPS in Magistrate’s or Crown Court
What is medical negligence?
A lack of reasonable care and skill as a result of which the patient suffers
Do British courts grant punitive damages (i.e. money fined by way of punishment)?
No
What are the legal criteria?
Establish duty of care (obligation to provide care and skill)
Reasonable care and skill
Actual damage must have occurred as a direct result of the lapse
What kind of losses may lead to compensation?
Loss of earnings Expenses incurred Impaired enjoyment of life Permanent incapacity Procreative incapacity Pain and suffering endured Death
What are the lines of action after complaints are registered with legal representatives?
No case to answer
“Res ipsa loquitur” -negligence is self evident
Neither of the above -legal debate
What are some possible lines of defence?
Deny the charge True facts but not the pursued doctor's fault Patient took a risk (consented procedure) Contributory negligence (Claimant;s own negligence contributed to loss or damage)
