Legal costs dwarfing compensation – MPS calls for action to address cost of clinical negligence
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The Medical Protection Society (MPS) is calling on the next government to prioritise reform of the legal system to drive down the cost of clinical negligence. MPS believes introducing fixed costs for small value claims and a reform of the rules relating to claimants’ expert reports will help make clinical negligence more affordable.
Senior doctors are a great source of support, say newly qualified doctors
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As new doctors start their careers on hospital wards, a Medical Protection survey of over 500 doctors who have just completed their first year has revealed that 89% felt that they had some support. Of those, 91% said they received support from senior doctors, while 64% said they also received support from nurses.
Consulting on the telephone requires a different skill-set, relying on common sense and improvisation. Learning how to do this effectively is necessary to safeguard patients and your professional position, says GP and popular author Dr Tony Males
Good medical records – whether electronic or handwritten – are essential for the continuity of care of your patients. Adequate medical records enable you or somebody else to reconstruct the essential parts of each patient contact without reference to memory. They should therefore be comprehensive enough to allow a colleague to carry on where you left off.
Needlestick injuries can be classified as any piercing wound caused by a hypodermic needle, or by other sharp instruments or objects such as scalpels, mounted needles, broken glassware, etc. This factsheet sets out the main concerns for healthcare professionals and what to do when needlestick injuries happen.
MPS backs Health Minister's withdrawal of support for Medical Innovation Bill
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MPS has long called for a full and proper review to examine what the potential barriers to innovation might be as well as solutions. We are pleased the government has listened.
88% of GPs believe they are more likely to be sued now than five years ago
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A Medical Protection Society (MPS) survey of 600 GP members reveals that 88% of respondents believe they are more likely to be sued now than five years ago.
Providing access to medical records is essentially a confidentiality issue; therefore, the starting point is whether or not the patient has consented to disclosure. If not, access should be denied, unless there is some other clear justification for allowing access.
Good medical records – whether electronic or handwritten – are essential for the continuity of care of your patients. Adequate medical records enable you or somebody else to reconstruct the essential parts of each patient contact without reference to memory. They should therefore be comprehensive enough to allow a colleague to carry on where you left off.
Providing access to medical records is essentially a confidentiality issue; therefore, the starting point is whether or not the patient has consented to disclosure. If not, access should be denied, unless there is some other clear justification for allowing access.
Mental Capacity Act 2005 – Lasting Powers of Attorney - England and Wales
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The Mental Capacity Act (MCA ) creates a new form of power of attorney – Lasting Power of Attorney (LPA), which gives another individual the authority to make decisions for an individual who now lacks capacity. This factsheet gives you more information about LPAs.
Mental Capacity Act 2005 – Court of Protection and deputies
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The Mental Capacity Act (the Act) established the Court of Protection, whose role it is to protect individuals who lack capacity and make rulings on difficult decisions about their care and welfare. This factsheet gives you more information about the role of the Court of Protection.
Mental Capacity Act 2005 - Advance decisions - England
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An advance decision (“living will”) to refuse future medical treatment – should the patient then lack capacity – can be made by a person who is over 18 and who has capacity. This factsheet gives further information about advance decisions.
67% of doctors in Scotland do not believe legal duty will improve openness
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A Medical Protection Society (MPS) survey of over 290 members in Scotland reveals that 67% of respondents do not believe a duty to be open with patients will improve openness. Of the 296 doctors surveyed by MPS, 66% were not aware of the proposals for a duty of candour and 70% believe a statutory duty to admit mistakes would be difficult to enforce.
Medical Innovation Bill - risk to responsible innovation
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Today, Lord Saatchi’s Medical Innovation Bill will go for its final reading in the House of Lords. MPS believes this Bill is unnecessary, and is risk to responsible innovation and patient safety.
81% of doctors in Scotland believe new criminal sanctions will create a culture of fear
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A Medical Protection Society (MPS) survey of over 290 members in Scotland reveals that 81% believe the proposed new criminal sanctions for healthcare professionals who wilfully neglect or ill-treat patients will create a culture of fear and 75% believe doctors are currently fully accountable for errors that may happen.
Medication errors account for approximately 20% of all clinical negligence claims against doctors in both primary and secondary care. The costs associated with adverse events and inappropriate prescribing have been estimated at more than £750 million per year. This factsheet gives advice about avoiding prescribing errors.
Fit note is an informal name for the Statement of Fitness for Work. The Statement intends to advise patients who are on sick leave for more than seven days on whether, with extra support from their employer, they could return to work.
Confidentiality is at the centre of maintaining trust between patients and doctors. As a doctor, you have access to sensitive personal information about patients and you have a legal and ethical duty to keep this information confidential, unless the patient consents to the disclosure, disclosure is required by law or is necessary in the public interest. This factsheet sets out the basic principles of confidentiality.
Confidentiality is at the centre of maintaining trust between patients and doctors. As a doctor, you have access to sensitive personal information about patients and you have a legal and ethical duty to keep this information confidential, unless the patient consents to the disclosure; disclosure is required by law or is necessary in the public interest. This factsheet sets out the basic principles of confidentiality.
Being subject to a complaint or investigation can be distressing and stressful. Our video series shows how Medical Protection will continue to provide you with personal support, advice and representation for a whole range of medicolegal concerns, protecting your career and reputation.
Our professional development courses are available when and where it suits you. From short online courses to face to-face-workshops, discover a range of CPD courses included in your membership.
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.
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