Clinical Negligence in General Practice PDF
Preview Clinical Negligence in General Practice
Clinical Negligence in General Practice Edited by Michael Drury Boca Raton London New York CRC Press is an imprint of the Taylor & Francis Group, an informa business First published 2000 by Radcliffe Publishing Published 2018 by CRC Press Taylor & Francis Group 6000 Broken Sound Parkway NW, Suite 300 Boca Raton, FL 33487-2742 © 2000 Michael Drury CRC Press is an imprint of Taylor & Francis Group, an Informa business No claim to original U.S. Government works ISBN-13: 978-1-85775-367-7 (pbk) This book contains information obtained from authentic and highly regarded sources. While all reasonable efforts have been made to publish reliable data and information, neither the author[s] nor the publisher can accept any legal responsibility or liability for any errors or omissions that may be made. The publishers wish to make clear that any views or opinions expressed in this book by individual editors, authors or contributors are personal to them and do not necessarily reflect the views/opinions of the publishers. The information or guidance contained in this book is intended for use by medical, scientific or health-care professionals and is provided strictly as a supplement to the medical or other professional's own judgement, their knowledge of the patient's medical history, relevant manufacturer's instructions and the appropriate best practice guidelines. Because of the rapid advances in medical science, any information or advice on dosages, procedures or diagnoses should be independently verified. The reader is strongly urged to consult the relevant national drug formulary and the drug companies' and device or material manufacturers' printed instructions, and their websites, before administering or utilizing any of the drugs, devices or materials mentioned in this book. 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Typeset by Acom Bookwork, Salisbury, Wiltshire Contents List of contributors V List of case studies vi Glossary ix Acknowledgements X Introduction xi Editor’s note xiii 1 Cause and eifect 1 Michael Drury 2 Complaints and the National Health Service 13 Mark Drury 3 The role of the General Medical Council 27 Antony Townsend 4 The law of negligence 43 John R Griffiths 5 The process of the law 73 John Pickering 6 The law of limitation 111 John R Griffiths and John Pickering 7 Risk management in general practice 127 Nigel Ineson 8 Defending allegations of negligence —t he role of the Medical Defence Organisations 155 Simon Dinnick 9 When it all goes wrong 169 Stuart Came 10 The duties and responsibilities of medical experts 185 Nigel Ineson and Stuart Came iv Contents 11 Fatal Accident Inquiries in Scotland 205 John R Griffiths 12 Civil procedure in Scotland 215 Fiona MF Paterson Table of legal cases 221 Table of statutes and statutory instruments 223 Index 225 List of contributors Stuart Carne cbe mb frcgp hoiifrcpch hohfrnzcgp Senior Forensic Medical Examiner Past President, Royal College of General Practitioners Past Senior Tutor in General Practice, Royal Postgraduate Medical School Simon Dinnick ba Partner Le Brasseur J Tickle London Mark Drury mb chB mrcgp drcog General Practitioner, Wantage Part-time Research Fellow, Imperial Cancer Research Fund Department of Public Health and Primary Care University of Oxford Sir Michael Drury obe frcp frcgp fracgp hoiifrcpch Past President, Royal College of General Practitioners Emeritus Professor of General Practice, University of Birmingham John R Griffiths ba (Oxon) llb ws Partner, Shepherd & Wedderburn WS Chairman, Law Society of Scotland’s Panel for accrediting solicitors as specialists in the law of medical negligence Nigel Ineson mb bs frcgp drcog dffp Partner in a five-doctor teaching practice Partner in his own medico-legal practice Fiona MF Paterson LLB Dip Legal Practice Assistant Solicitor to John R Griffiths, Shepherd & Wedderburn WS Acts for members of the Medical & Dental Defence Union of Scotland John Pickering llb Head of Personal Injury Department Irwin Mitchell Solicitors, Sheffield Antony Townsend ba (Oxon) Director of Standards and Education, General Medical Council List of case studies 1 In-house management of a complaint 2 The ‘Archer’ case 3 Duty of care. Rolland v Lothian Health Board 4 Duty of care. Johnstone v Traffic Commissioner 5 Duty of care. Baker v Kaye. A medical report 6 Duty of care. R v Croydon Health Authority. A pre-employment medical examination 7 Duty of care. Powell v Boladz. Medical records 8 Duty of care. Kapfunde v Abbey National pic. Pre-employment assessment 9 Duty of care. Palmer v Tees Health Authority. Failure to treat 10 Duty of care. Hunter v Hanley. The definition of ‘medical negli gence’ 11 Standard of care. Bolam v Friern Hospital Management Committee 12 Error not necessarily negligent. Whitehouse v Jordan 13 Level of skill required. Maynard v West Midlands Regional Health Authority 14 Level of expertise required. Bolitho and others v City and Hackney Health Authority 15 Value of an expert’s opinion. Marriott v West Midlands Health Authority and others 16 Differences between experts’ opinions. Chapman v Rix 17 Causation. Damage to an epiphysis 18 Causation. Premature birth 19 Failure to diagnose slipped epiphysis. Scott v Highland Health Board 20 Injury to an eye. Kenyon v Bell 21 Overdose of penicillin. Kay v Ayrshire and Arran Health Board 22 Faulty operation on an artery. Joyce v Merton, Sutton and Wandsworth Health Authority 23 A failed anaesthetic 24 Law of limitation. Delayed diagnosis. Khan v Ainslie and others 25 Law of limitation. Prescribing Valium. Briggs v Pitt-Payne and Lias List of case studies vii 26 Law of limitation. Advice about termination of pregnancy. Barr v Matthews 27 Law of limitation. Congenital rubella syndrome. Das v Ganju 28 Law of limitation. Failed cosmetic operation. Comber v Greater Glasgow Health Board 29 Law of limitation. Failure to obtain consent. Kaye v Argyll and Clyde Health Board 30 The role of guidelines. Kent v Griffiths, Roberts and the London Ambulance Service 31 Failure to diagnose appendicitis 32 Performing an appropriate examination 3 3 An inadequate examination 34 Failure to examine 3 5 Providing adequate advice on vasectomy operation 36 Failure to advise about adverse reactions to Depo-Provera 3 7 Failure to refer for specialist advice about impotence 38 Failure to advise about emergency contraception 39 Providing an informed choice 40 Errors of information given by staff after vasectomy 41 Faulty prescribing of contraceptive pills 42 Faulty prescribing of unopposed oestrogen tablets 43 Substandard skills in minor surgery 44 Failure to investigate chest pain adequately 45 Failure to diagnose a ruptured ectopic pregnancy 46 Failure to diagnose a ruptured ectopic pregnancy 47 Meningitis - a reasonable diagnosis 48 Meningitis - an unreasonable diagnosis 49 Acute appendicitis - undiagnosed but reasonable care 50 Breast cancer — failure to examine adequately 51 Cancer of the colon - inadequate examination and investiga tion 52 Failure to investigate rectal bleeding 53 Intrauterine contraceptive devices — adequate advice 54 Oral contraception and antibiotics — inadequate advice 5 5 Failed intrauterine contraception but reasonable care 56 Appropriate examination for headache 5 7 Failure to examine adequately for headache 58 Failure to examine adequately for headache, resulting in GMC erasure 59 Failing to consider the possibility of subarachnoid haemorrhage 60 Failing to consider the possibility of subarachnoid haemorrhage 61 Failure to diagnose a slipped upper femoral epiphysis 62 Failure to diagnose bilateral slipped epiphyses viii List of case studies 63 Renal failure — a doctor’s actions weaken his defence 64 Inadequate notes 65 Bronchopneumonia — appropriate assessment 66 Evidence given in court by defendant loses case 67 Cervical cytology — a breakdown in communication 68 Cancer of the breast — a failure to read the records 69 Failure to check a prescription 70 A non-compliant patient 71 A letter of claim submitted to a defence organisation 72 Informal consultation — the duty of care 73 Hospital advice - the general practitioner’s duty of care 74 Causative damage but no liability 75 Negligence but no consequential damage 76 Carcinoma of the lung - negligence but no consequential damage 77 Malignant melanoma — a failure to refer 78 A meeting of experts — focusing on the issues 79 Cardiac arrest - funding the litigation Glossary Old terminology New terminology pleadings statements of case action claim summons claim form writ claim form particulars/statement of claim particulars of claim plaintiff claimant defendant defendant defence defence reply reply rej oinder / rebutter (abolished) counterclaim Part 20 claim third party proceedings Part 20 claim
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