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Medicolegal
Articles and features 22/05/2019

Adult safeguarding and confidentiality – disclosing information to th...

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

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Case report 22/05/2019

A tale of two doctors: the junior and the consultant

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?

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Articles and features 10/05/2019

Dying matters: medicolegal aspects of end-of-life care, DNACPR and or...

Dying matters: medicolegal aspects of end-of-life care, DNACPR and organ donation

Time to read article: 2 mins
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To mark the Dying Matters national awareness week, between 13 and 19 May, Medical Protection asked nearly 400 members in the UK about their experiences on a number of issues such as DNACPR, organ donation and withdrawal of treatment.

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Articles and features 09/05/2019

Confidentiality after death

Confidentiality after death

Time to read article: 1 mins
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Confidentiality is at the centre of maintaining trust between patients and doctors. But what are your obligations to a patient after they have died?

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Articles and features 21/12/2018

The cost of claims – control through proportionality

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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Articles and features 20/11/2018

The role of receptionists: a legal commentary

The role of receptionists: a legal commentary

Time to read article: 3 mins
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A recent Supreme Court decision, Darnley v Croydon Health Services NHS Trust [2018] UKSC 50, has raised questions about the role of non-clinical staff in patient care. The judgment criticised the actions of a receptionist in an Accident and Emergency (A&E) department – Joseph McCaughley, litigation solicitor at Medical Protection, looks at the ramifications of the case

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Case report 23/10/2018

Who else is in the room?

Who else is in the room?

Time to read article: 2 mins
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A patient undergoing a colonoscopy claims her modesty is disregarded during the procedure. What did Medical Protection do to tackle this allegation?

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Articles and features 19/10/2018

A touchy subject

A touchy subject

Time to read article: 2 mins
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Intimate examinations are something that every GP will have to carry out at some point in their career, but it’s important that they are conducted in an appropriate manner, especially if one is required during a home visit. Dr Gabrielle Pendlebury, medicolegal consultant at Medical Protection, gives her advice on how best to manage these situations

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Articles and features 09/10/2018

Ask the expert: Is a patient’s son entitled to access his mother’s co...

Ask the expert: Is a patient’s son entitled to access his mother’s confidential information?

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Is the patient’s son entitled to access his mother’s confidential information? Where a patient lacks capacity clinicians should consider what action is in the patient’s best interests.

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Articles and features 09/10/2018

Ask the expert: Are we obliged to facilitate a request for CCTV foota...

Ask the expert: Are we obliged to facilitate a request for CCTV footage of the practice car park?

Time to read article: 2 mins
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Are we obliged to facilitate a request for CCTV footage of the practice car park? You need to consider the confidentiality of other patients. Dr Rachel Birch, medicolegal consultant, answers a member’s query.

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Case report 28/09/2018

Learning from allegations of sexual assault

Learning from allegations of sexual assault

Time to read article: 10 mins
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Gross negligence manslaughter is a topical issue in healthcare, but cases against doctors are still comparatively rare. Dr John Jolly, head of member risk education and Dr Richard Stacey, head of policy and technical, look at a more common cause of criminal cases brought against members of Medical Protection: sexual assault.

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Case report 21/09/2018

When is healthcare criminal?

When is healthcare criminal?

Time to read article: 4 mins
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The case of Dr Bawa-Garba and the resulting collision between the medical community and the criminal justice system, sent shockwaves around the world. Dr Richard Stacey, head of policy and technical at Medical Protection, analyses criminal cases handled by MPS in 2017 to gauge the likelihood of further charges of gross negligence manslaughter.

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News and updates 20/08/2018

Legal permission is no longer required to withdraw treatment in end o...

Legal permission is no longer required to withdraw treatment in end of life decisions

Time to read article: 3 mins
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Healthcare professionals do not need to seek Court approval when withdrawing treatment from patients in a permanent vegetative state, following a ruling by the Supreme Court.

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