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Communication within the practice
Published in Annie Phillips, The Business Planning Tool Kit, 2019
Some of the factors most commonly affecting clinical negligence claims are: communication breakdownpoor systems and processeshuman error.2
Clinical Negligence
Published in Paul Lambden, The Osteopath’s Guide to Keeping Out of Trouble, 2018
Clinical negligence is a term that is used to mean poor clinical practice of an unacceptable standard. It is in fact alleged wrongdoing in the area of expertise of a practitioner and may be challenged by the injured party in civil law. Allegations of negligence may be levied against an osteopath and, if made and refuted, can be judged in court.
The code of conduct: professionalism, law and ethics
Published in Jill Thistlethwaite, John Spencer, Professionalism in Medicine, 2018
Jill Thistlethwaite, John Spencer
Clinical negligence is defined, somewhat inelegantly, by the Department of Health as ‘A breach of duty of care by members of the healthcare professions employed by NHS bodies or by others consequent on decisions or judgements made by members of those professions acting in their professional capacity in the course of their employment, and which are admitted as negligent by the employer or are determined as such through the legal processes.’27 Negligence results in harm to patients, and such patients or their relatives may sue for damages in court.
Ethically Alluring but Legally Destructive
Published in The American Journal of Bioethics, 2023
It is particularly significant that the authors propose that there should be a rebuttable presumption in favor of participation in pragmatic clinical trials (PCTs). In the context of clinical negligence litigation this would have the paradoxical effect of reversing the burden of proof in an arena over which the clinician had least control, while leaving that burden with the claimant in areas over which the clinician had most control. This is far from a theoretical objection. Civil liability for non-participation could not be ruled out. Imagine, for instance, a case in which the data which could have been but were not provided by a nonparticipating clinician would have resulted in the adoption of a practice which would have materially affected the fate of a future patient. Assuming causation to be clear, without a legislative change of the usual rules the clinician would presumably be liable to that future patient unless the clinician could rebut the presumption.
Evaluation of malpractice litigation in thyroid disease in the National Health Service
Published in Postgraduate Medicine, 2019
Tharindri D. Wijekoon, Daniel E. Gonzalez-Pena, Sabapathy P. Balasubramanian
In England and Wales, issues surrounding medical liability, specifically negligence, are under the law of tort. In cases of clinical negligence, National Health Service (NHS) Trusts and Health Authorities (and not individual clinicians) are liable for negligent acts and omissions of their employees by proxy [12]. Current NHS guidance details that when the NHS is vicariously liable for a negligent health-care professional, it must accept full financial liability including when and as appropriate, legal and administrative defense costs or costs of reaching a settlement, the plaintiff’s costs (as agreed by both parties or awarded by the court) and damages awarded (one-off payment or a structured settlement) [12].
Major obstetric haemorrhage of 2000 ml or greater: a clinical audit
Published in Journal of Obstetrics and Gynaecology, 2018
J. O’Sullivan, R. Mansfield, R. Talbot, A. E. Cairns
The analyses were done in Stata (version 14, College Station, TX). Continuous variables were summarised as a means with standard deviations (SDs) (or medians with interquartile ranges (IQRs) if skewed), and categorical variables as counts and percentages. The adherence to the guideline was reported as percentage compliance. A threshold of ≥75% was selected to indicate adequate compliance, in line with recommendations from the Clinical Negligence Scheme for Trusts (Corbett 2012). Fisher’s exact test was used to evaluate the differences between the subgroups for binary variables, and the Wilcoxon rank-sum test was used for the continuous variables.