A tale of two doctors: the junior and the consultant
Time to read article: 3 mins
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Dr Marika Davies, medicolegal consultant, looks at the recent case of GA v Greater Glasgow Health Board [2019] CSOH 31, where the death of a 77-year-old patient raised questions over where the liability for the negligence lay: the junior doctor or the consultant?
Throughout history, doctors have treated patients, and doctors have made mistakes. We delve deep into the past to see what doctors used to get away with
In 2018, the Supreme Court ruled that healthcare professionals across the UK no longer need to seek legal permission to withdraw treatment from patients in a permanent vegetative state
Mental capacity is the ability to make a decision. If a person lacks capacity, they have an impairment or disturbance that leaves them unable to make a decision. A patient’s capacity to make decisions about their own care is a fundamental part of matters relating to end of life care
The procurator fiscal and fatal accident inquiries
Time to read article: 2 mins
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A procurator fiscal investigates all sudden and suspicious deaths in Scotland, conducts fatal accident inquiries and handles criminal complaints against the police. There are 11 procurator fiscals, each covering a specific geographical location within Scotland, who between them investigate around 14,000 sudden deaths each year
As a doctor, you may be asked to give evidence at an inquest, which is conducted by the coroner and, in some cases, in front of a jury. Find out what happens and how you can ensure you’re prepared
Medical examiners: a new role for England and Wales
Time to read article: 4 mins
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From April 2019, the new role of medical examiner will be introduced into the process for investigating the deaths of patients. Dr Ben Lobo, consultant physician, geriatrician and medical examiner, and Dr Ewen Ross, medicolegal consultant at Medical Protection, look at what this means for you
A 48-year-old man underwent abdominoplasty and liposuction. At the pre-operative visit, the consultant anaesthetist proposed general anaesthesia along with a spinal anaesthetic for the purpose of post-operative pain relief.
The cost of claims – control through proportionality
Time to read article: 3 mins
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If you have ever been unfortunate enough to receive a letter of claim, you will be aware of how stressful the process can be. Another aspect is the often high sums of money involved. Stephen Preater, costs adviser at Medical Protection, is part of an expert in-house team that is dedicated to controlling the amounts sought by claimants
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.
The regulations on NHS complaints in Wales are designed to make complaints handling open and accountable, fair and proportionate, and patient-focused. The emphasis is on resolving concerns in a timely fashion, openly and honestly, and a philosophy of “investigate once, investigate well”.
As a doctor, you may be asked to give evidence in many different types of tribunals, including criminal or civil courts, the coroner’s court and employment or mental health tribunals.
Patients who are kept informed about their condition and are involved in deciding on the appropriate treatment are more likely to comply with the treatment you suggest, and less likely to complain if things go wrong.
The medical consultation is a challenge to both doctor and patient, whether in the community or in hospital. The need for more detailed discussions with patients, along with their increasing autonomy and right to make choices in relation to their clinical care and treatment, has affected the traditional role of the doctor-patient relationship. This has made maintaining appropriate professional boundaries in the doctor-patient consultation more challenging, however, the guidance from national and regulatory bodies is clear that it is always the health professional's responsibility to do so.
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