The path of a clinical negligence claim is often long and complex. The eventual outcome is affected by a number of key factors; MPS claims manager and solicitor Antoinette Coltsmann takes an in-depth look at a recent MPS case.
“On the first day of Christmas my Consultant said to me…” Christmas can be a challenging time for foundation doctors in hospitals. Medicolegal Adviser Dr Clare Redmond advises on how to survive the festive season.
MPS survey on post-Francis culture reveals doctors remain fearful
Time to read article: 3 mins
Close Preview
A week after the government responded to the Francis Inquiry, a survey of hospital doctors conducted by the Medical Protection Society has highlighted the enormous task facing the government in their bid to create the open culture the Berwick Review considered missing and needed in the NHS.
Online records survey: embrace digital innovation but keep data secure
Time to read article: 2 mins
Close Preview
As MPs discuss online medical records in the Commons Chamber today (26 November), the Medical Protection Society reiterates its concerns that without appropriate safeguards, what could be a revolutionary innovation could lead to patients unable to benefit from the new online system.1
'Criminal offence will create culture of fear in NHS', MPS responds to government’s response to Francis Inquiry
Time to read article: 1 mins
Close Preview
Following the government’s announcement that there will be a new criminal offence for wilful neglect, Dr Stephanie Bown, Director of Policy and Communications at the Medical Protection Society, said, 'The Medical Protection Society has long argued that better care for patients in the NHS would come through creating the right culture, which cannot be achieved through legislation. We welcome the explicit recognition by government that nothing can be achieved without a cultural change; in our view everything else must support this objective.
MPS responds to the GMC’s third report – ‘State of Medical Education and Practice in the UK’
Time to read article: 1 mins
Close Preview
MPS welcomes the insights which can be drawn from the findings of the GMC’s third report – ‘State of Medical Education and Practice in the UK’. Of note is the finding that 46% of complaints investigated were against GPs – more than any other speciality but only accounted for 35% of sanctions or warnings. Communication with patients was a feature in 29% of allegations against GPs.
Complaints in health and social care: standards and guidelines for resolution and learning (2009) aims to provide a simple, consistent approach for staff who handle complaints, and for patients who raise complaints across all health and social care services.
One incident can be investigated in a number of different ways – as a complaint, a clinical negligence claim, a criminal case, a disciplinary matter by your employer, a Coroner’s inquest or a complaint to the GMC. An important starting point is your written report on the circumstances of the incident. This factsheet gives more information about writing this report.
His Honour Judge David Pearl has been Chair of the Medical Practitioners Tribunal Service (MPTS) since June 2012. The MPTS took over the adjudication of doctors’ fitness to practise from the GMC in order to create a system independent of the investigation process. Judge Pearl recently met with Gareth Gillespie to reflect on the first year of the MPTS and what further plans he has in store for the organisation.
Patient safety in healthcare has never been more in the spotlight. Events such as the Stafford Hospital scandal and the subsequent Francis Report have raised awareness that at times patients receive suboptimal care.
The medical law and ethics that pertain to safe prescribing
Time to read article: 2 mins
Close Preview
Dr Stephanie Bowm, MPS Director of Policy and Communications, provides a reminder of the importance of following GMC guidance when prescribing medication.
Junior doctors need more support to fulfil their potential, MPS survey reveals
Time to read article: 2 mins
Close Preview
An MPS survey of over 350 junior doctors who are just completing their first year on the hospital wards reveals that over two thirds (65%) chose a career in medicine because they wanted to help people.
Parental responsibility refers to the rights and responsibilities that most parents have in respect of their children. This factsheet gives advice on who has parental responsibility and where responsibility lies in situations in which there are disagreements over the best interests of the child.
NHS LA accounts show disproportionate impact of claimant legal fees - MPS responds to NHS LA Report and accounts 2012/2013
Time to read article: 1 mins
Close Preview
The year on year increase in clinical negligence claims against NHS Trusts continues, with the NHS LA reporting a 10.8 per cent rise in the number of new claims reported in the year ending March 2013, and a 66 per cent increase over the past 4 years.
MPS and BMA joint letter to Jeremy Hunt calls for Chief Inspector of Hospitals to be independent and autonomous
Time to read article: 1 mins
Close Preview
The Medical Protection Society (MPS) and the BMA have written to Jeremy Hunt, the Secretary of State for Health, with key recommendations to ensure the newly created role of Chief Inspector of Hospitals is a success.
Response to NHS England’s publication of mortality rates for individual hospital consultants
Time to read article: 1 mins
Close Preview
Dr Stephanie Bown, MPS Director of Policy and Communications said, 'MPS strongly supports transparency in the NHS and believes that this is key to protecting and promoting public confidence in the medical profession.
Apart from certain treatments carried out under the Mental Health Act and some forms of fertility treatment, there is no legal requirement to obtain written consent, but most health organisations have policies stipulating when written consent should be obtained. Employees are expected to be familiar with these and adhere to them.
Read real-life cases of complaints, claims and clinical negligence taken from our archives.
Chosen to give you clear learning points to help you avoid similar situations and reduce your risk, the cases also feature advice from medicolegal experts.
You'll notice a few things have changed on our website. After asking our members what they want in an online platform, we've made it easier to access our membership benefits and created a more personalised user experience.
Why not take our quick 60-second tour? We'll show you how it all works and it should only take a minute.