The Adults with Incapacity Act was introduced in 2000 to safeguard the welfare of adults (age 16 and over) who lack capacity for making their own healthcare decisions, due to a mental disorder or an inability to communicate. This factsheet provides information on how patients with incapacity should be cared for.
Valid consent is just as important when treating children and young people as it is with adults. In some situations children are able to give consent themselves, and sometimes others need to take the decision on their behalf. This factsheet sets out the basic information to enable you to obtain the appropriate consent from children and young people.
High reliability in healthcare: A personal failure
Time to read article: 6 mins
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In his follow-up to last edition’s article on high reliability organisations, Dr Dan Cohen revisits a personal experience that formed part of his own steep learning curve.
MPS believes whistleblowers’ complaints should be taken more seriously
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Dr Nick Clements, Head of Medical Services at the Medical Protection Society said, 'MPS strongly believes that whistleblowers’ complaints should be taken more seriously to help achieve better care for patients in the NHS.
Last year’s custodial sentence for surgeon David Sellu, following a verdict of gross negligence manslaughter, raised concerns within the profession. Former Casebook Editor-in-chief Dr Stephanie Bown met with Professor Norman Williams, President of the Royal College of Surgeons, to discuss what the ruling means for healthcare professionals.
As an expert you should be aiming to produce a report which is free standing – from which the reader can glean the key issues in the case, understand the evidence available and reach a clear understanding of the range of expert opinion, without needing to look at any other document.
Supplementary GMC guidance to Confidentiality (2009) contains information for healthcare professionals on what to do when reporting gunshot and knife wounds.
As a doctor, you may be asked to give evidence in many different types of tribunals, including criminal or civil courts, the coroner’s court and employment or mental health tribunals. This factsheet gives further information about what to expect and how to prepare.
Mental Capacity Act 2005 – Assessments under the Deprivation of Liberty Safeguards - England and Wales
Time to read article: 4 mins
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Under the Mental Capacity Act Deprivation of Liberty Safeguards (MCA DOLS), six assessments have to be successfully conducted before a local authority (supervisory body) can authorise the deprivation of an individual’s liberty in a hospital or a care home.
One of the most difficult situations faced by any clinician is when you are concerned that a colleague’s behaviour, health or professional performance may be placing patients at risk. This factsheet outlines your duty to raise concerns when patients may be at risk of harm.
Good doctors apply clinical knowledge in a way that is legally and ethically correct – but all doctors can slip up. Here are survival tips for the top five medicolegal risks for junior doctors, writes Charlotte Hudson
If a patient dies and the death is reportable to the coroner, you should leave all equipment in place until you have discussed the case with the coroner’s officer. This factsheet gives you further information about what to do.
In Northern Ireland, unlike England and Wales, out-of-hours (OOH) organisations may expect GPs to carry and use controlled drugs (CDs) from their own stock. This factsheet highlights what you should be aware of when carrying, storing and recording controlled drugs.
As an expert you should be aiming to produce a report which is free standing – from which the reader can glean the key issues in the case, understand the evidence available and reach a clear understanding of the range of expert opinion, without needing to look at any other document.
One of the most difficult situations faced by any clinician is when you are concerned that a colleague’s behaviour, health or professional performance may be placing patients at risk. This factsheet outlines your duty to raise concerns when patients may be at risk of harm.
MPS opposes new criminal sanctions and urges government rethink
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The Medical Protection Society is calling on the government to rethink plans to introduce a new criminal offence for healthcare professionals for wilful neglect or ill-treatment.
The Medical Protection Society (MPS) welcomes the importance placed on a culture of openness in the review of the threshold for the statutory duty of candour; but is concerned about when the duty will apply.
'Opportunity to address concerns' - MPS responds to decision to delay care.data
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Dr Pallavi Bradshaw, medicolegal adviser at the Medical Protection Society (MPS) said, 'MPS is pleased to see that the launch of care.data is being postponed by six months, which will give NHS England the opportunity to address the concerns that have been raised.
MPS highlights prescribing as one of the top risks in general practice
Time to read article: 2 mins
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Prescribing continues to be one of the top five risks in general practice based on Clinical Risk Self Assessments (CRSAs) conducted by the Medical Protection Society (MPS) at more than 150 practices across the UK and Ireland in 2013.
MPS surveys of GPs and public reveal lack of information around care data
Time to read article: 3 mins
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A YouGov survey commissioned by the Medical Protection Society (MPS) has revealed that 67% of over 1400 respondents from England say they have not received the leaflet from NHS England explaining the new care.data system.1 Furthermore, 45% do not understand care.data from what they have read or heard.
Read real-life cases of complaints, claims and clinical negligence taken from our archives.
Chosen to give you clear learning points to help you avoid similar situations and reduce your risk, the cases also feature advice from medicolegal experts.
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