Non-compliant patient sues doctor: whose fault is it?
Time to read article: 4 mins
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Whilst doctors have a duty of care for their patients, and their primary concern should be their wellbeing, how do we establish patient responsibility for their own wellbeing? Dr Dawn McGuire, Medical Claims Adviser, looks into contributory negligence and whether we can define patient responsibility.
Testamentary capacity – understanding the part you play
Time to read article: 4 mins
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Navigating the legal background and providing practical advice for doctors, Ricky Kimachia, advisory case manager at Medical Protection, considers recent queries from members regarding testamentary capacity.
The Healthcare Safety Investigation Branch (HSIB): what you need to know
Time to read article: 3 mins
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When investigating patient safety incidents, it is vital that this is done in an open and honest manner, without apportionment of blame. The Healthcare Safety Investigation Branch (HSIB) has operated since 2017 but what should you do if you become part of an investigation? Sarah Pickering, advisory case manager at Medical Protection, finds out
Dr Rob Hendry, Medical Director, responds to the Leslie Hamilton independent review
Time to read article: 2 mins
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Dr Rob Hendry, Medical Director, responds to the Leslie Hamilton independent review into how the law on gross negligence manslaughter and culpable homicide are applied to medical practice.
Why the way errors are investigated needs to change
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Dr Pallavi Bradshaw, Education Services Lead (UK) at Medical Protection, says it is unfair that doctors are being held responsible for mistakes that have been caused by system failings
Adult safeguarding and confidentiality – disclosing information to the Office of the Public Guardian
Time to read article: 4 mins
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Knowing when you can disclose sensitive patient information is a notoriously complex area. Sarah Pickering, advisory case manager at Medical Protection, considers some recent queries from members regarding disclosures to the Office of the Public Guardian
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
MPS response to DHSC consultation on clinical negligence cover
Time to read article: 1 mins
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The Department of Health and Social Care (DHSC) is seeking views about indemnity cover for healthcare professionals who are not covered by any existing or proposed state-backed scheme, via an open consultation which closes on 28 February.
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
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
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