Following a debate in the House of Lords yesterday, the Medical Protection Society (MPS) warns that the new wilful neglect criminal offences could threaten doctors’ clinical judgment. Whilst MPS agrees that doctors should face tough sanctions for causing deliberate harm to patients, it opposes the new criminal offences because they will have unintended and damaging consequences.

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.

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

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 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.

Dr Stephanie Bown, MPS Director of Policy and Communications says:

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.

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.

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.