Implications of negligence for the health professional

[evedawn]

No I am not suing anyone: - )

I'm doing a ocurse and the following needs answering:

What are the implications of negligence for the health professional.? I am thinking the following:

Investigation / possible suspension or expulsion from medical board or medical bodies / monetry fines / possible jail term....is this too simplistic?

I've googled it buit there seems to be alot of info geared at lawyers (too highly technical) and also for those looking to sue but I just needs the basics....thanks in advance to anyone who can help

[Sqad]

You need to ask the lawyers e.g barmaid.
However a doctor has a duty of care to his patient and should that duty fall short of what would be ordinarily expected of that doctor then he may be called to account. BUT, just because a doctor has misdiagnosed a condition and the patient dies or is permanently invalided that doesn't necessarily make him negligent.....if that was the case, then there would be nobody left on the Medical Register.
Negligence, is when he/she has failed to investigate the problem as would befit a doctor of his experience.

All cases heard against doctors in the courts are automatically referred to the General Medical Council where the case is again heard i.e a doctor may be tried twice.

This is only scrathing the surface of your topic, but at least it is a start.

[evedawn]

thanks squad for helping get me started.

Yup I realise that not every misdiagnosis constitutes negligence but rather that the doc would need to have failed to exercise the minium standard of care required by law
Didnt realise its possible that the health care professioal may be tried twice though. thats' vinteresting.

[Sqad]

Evedawn....I was told by my first boss about treating patients "Remember sqad, you can't kiss em and you cant hit em, everything else is fine"

In my time, I have had the urge to do both LOL......but resisted it.

[evedawn]

haha - hopefully you weren't tempted to do BOTH at the SAME time ...that'd be just weird.

[Eve]

As in a specific one or them in general?

One on my pet hates is the concept of defensive medicine due to the fear of being sued for negligence.

Increased insurance costs for the practice/health authority etc... too I imagine.

Are you covering private as well as public?

[evedawn]

thanks Jenna - this is for NHS not private.

I'm doing an amspar course and this particular subject I have no course material (they just said these are the areas that need covering etc...)

[mollykins]

would mentioning the hypocratic oath and outlining its purpose and what it says, get you any more marks?

[Sqad]

mollykins....Drs don't take the Hypocratic Oath and havn't done for the past 50years.

[evedawn]

thanks mollykins.....and squad too....i ALSO though the hypocratic oath was still used??? well I "live and learn" ...why did they stop using it squad- do you know?

[Sqad]

Eve....I have no idea.

[boxtops]

Hi evedawn.....
Think of all the stuff you have in your practice about information governance at the moment - it's not only clinical stuff you can consider, also consider breaches of confidence, Mental Capacity Act, consent...
For a nurse who is accused of negligence, suspension would probably be the first event followed by investigation and reporting to the Nursing & Midwifery Council, if proven her PIN will be withdrawn which means they can no longer work as a registered nurse. It depends on the situation but I think I recall recently a nurse being jailed for negligence in care.
Have a look also at the NHSLA website at
http://www.nhsla.com/Claims/Schemes/CNST/ and
http://www.nhsla.com/Clinicians/
and also the MDU site
http://www.the-mdu.co...ofessionals/index.asp

I hope this helps!

[boxtops]

PS if you are going to mention it, it's the HIPPOCRATIC Oath - hypocrisy is something else altogetehr!

[evedawn]

OOOPS - yes my spelling could mean something altogether different ay!!!

Thanks for those links and advice box...you are ALWAYS SOOOO helpful with the Q's I'm asking for this course.

[boxtops]

Happy to help, evedawn!
If you want a real recent case to cite about a HCP being investigated, this might be of interest:
http://www.dh.gov.uk/...ndGuidance/DH_4088996
Dr Clifford Ayling was a GP in our local area who was convincted on 12 counts of indecent assault on women patients. The report had considerable outcomes in terms of all surgeries being recommended, for example, to firm up on their chaperoning policies (so the implications are not only for the individual). He was struck off and jailed.

or this one of a nurse struck off in 2007
http://news.bbc.co.uk/1/hi/england/7108925.stm

[RATTER15]

Prosecution and put on P.O.V.A. list

[mollykins]

oops sorry about the spelling ( is hould have known seeing as it was named afetr Hippocrates), my history teacher said that doctors still take the hippocratic oath!!!!!!

[madmaggot]

In my experience there are no implications for the health professional. The patient (or their family) complains, the hospital 'investigates' then says they don't think anything was done wrongly, then the complaint may be forwarded to the relevant body (used to be the Healthcare Commission but I think the name has changed now), they come back after 2 years and say that they have investigated and have concluded that the staff need training in record keeping!!!!
When the complainant replies that actually the records were missing because the care did not happen, they are told that if they have a further complaint they need to start the process over again.

[boxtops]

molly I read your answer too quickly, I thought you said YOU were named after Hippocrates, it really got me thinking!