header-logo header-logo

22 July 2022
Issue: 7988 / Categories: Legal News , Expert Witness
printer mail-detail

Doctors should not be ‘scapegoats’

It should be mandatory for medical expert reports to consider the role of ‘system failures’ as well as individual actions in an adverse patient outcome, the Medical Protection Society (MPS) has urged

In its report, ‘Getting it right when things go wrong: the role of the medical expert’, published this week, the MPS, which supports the interests of healthcare professionals, said medical expert reports currently focus on scrutinising individuals and tend to scapegoat doctors and other healthcare professionals.

It wants the wider context of organisational or system failures included in expert reports as standard, and has called on the General Medical Council to set this out in its guidance for doctors, Good Medical Practice.

Dr Rob Hendry, MPS medical director, said: ‘Adding this requirement into the Good Medical Practice guide would reinforce it and empower doctors, many of whom believe their expert reports must focus solely on the individual.

‘The GMC is currently consulting on updates to this key guidance to ensure it is fit for future practice, so there is an opportunity to make this important change swiftly.’

Dr Hendry said: ‘In clinical negligence claims, coroner, criminal and regulatory cases, the standard a doctor will be measured against is set to a very large extent by the medical expert witness―it is a crucial role.

‘In giving an opinion on whether or not the care provided by a doctor has fallen short of a reasonable standard, it would seem fair to the doctor that the medical expert considers all relevant circumstances. In reality, patient harm arising from medical error is rarely attributable to the actions of a single individual. Inadequate staffing levels, lack of resources, or faulty IT systems are just some issues which can contribute to adverse incidents. Doctors confront these issues every day and have little influence over them.’
Issue: 7988 / Categories: Legal News , Expert Witness
printer mail-details

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll