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22 July 2022
Issue: 7988 / Categories: Legal News , Expert Witness
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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
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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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