header-logo header-logo

Doctors should not be ‘scapegoats’

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll