Non-compliant patient sues doctor: whose fault is it?
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.
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An uncollected prescription
An elderly patient dies after his prescription goes uncollected. Who is at fault – the GP or the patient’s care home? Medical Protection assisted a member at the resulting inquest.
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Treating asthma over the phone
Dr T’s deskilling in resuscitation leads to a patient death and a claim.
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Delayed diagnosis of lung cancer
Testamentary capacity – understanding the part you play
MDU takes legal action against Government over state-backed GP indemn...
The Healthcare Safety Investigation Branch (HSIB): what you need to know
The Healthcare Safety Investigation Branch (HSIB): what you need to know
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
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Dr Rob Hendry, Medical Director, responds to the Leslie Hamilton independent review
Paraplegia follows epidural
Consent and record-keeping are at the heart of this claim, which sees a patient left paraplegic following an epidural.
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Risk management masterclass for obstetricians and gynaecologists
Take decisive action to reduce to challenges to your practice, with our one-day Risk Management Masterclass.
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Video: A Nitrofurantoin Problem
A doctor's failure to link raised ALT levels with a patient's use of nitrofurantoin led to a complaint being brought against them. Watch this short video to find out how the situation arose and advice Medical Protection gave.
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Why the way errors are investigated needs to change
Adult safeguarding and confidentiality – disclosing information to th...
Adult safeguarding and confidentiality – disclosing information to the Office of the Public Guardian
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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A tale of two doctors: the junior and the consultant
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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A potted history of medicine
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
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Withdrawing treatment: the legal position
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
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Understanding mental capacity: advance decisions
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
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Should you mention death when the risk is small?
When consenting for a procedure, wherever there is a risk of death – no matter how small – would you always mention this risk?
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The procurator fiscal and fatal accident inquiries
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
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End of life care
When treating a patient who is close to death, clear communication and collective decision-making are as important as any clinical intervention
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