Fatal accident inquiries and the procurator fiscal
The Fatal Accident Inquiry and the role of the Procurator Fiscal is a process unique to Scotland. Dr Rachel Birch, MPS medicolegal adviser, outlines a case and provides guidance.
Read moreThe Fatal Accident Inquiry and the role of the Procurator Fiscal is a process unique to Scotland. Dr Rachel Birch, MPS medicolegal adviser, outlines a case and provides guidance.
Read moreText messaging allows practices to target and contact hundreds of patients within minutes. Patients can respond by text with replies automatically forwarded to a specified email address. Many practices are signing up to using a text messaging service to inform patients of appointments, flu vaccinations etc.
Read moreNeedlestick injuries can be classified as any piercing wound caused by a hypodermic needle, or by other sharp instruments or objects such as scalpels, mounted needles, broken glassware, etc. This factsheet sets out the main concerns for healthcare professionals and what to do when needlestick injuries happen.
Read moreMr M, a 44-year-old architect, attended his GP, Dr C, for a skin check. Dr C diagnosed a papilloma on his right chest wall as well as a seborrhoeic keratosis skin lesion of the upper left arm.
Read moreProviding access to medical records is essentially a confidentiality issue; therefore, the starting point is whether or not the patient has consented to disclosure. If not, access should be denied, unless there is some other clear justification for allowing access.
Read moreOne incident can be investigated in a number of different ways – as a complaint, a clinical negligence claim, a criminal case, a disciplinary matter by your employer, a Procurator Fiscal’s FAI or a complaint to the GMC. An important starting point is your written report on the circumstances of the incident. This factsheet gives more information about writing this report.
Read moreThe Mental Capacity Act (the Act) established the Court of Protection, whose role it is to protect individuals who lack capacity and make rulings on difficult decisions about their care and welfare. This factsheet gives you more information about the role of the Court of Protection.
Read moreFit note is an informal name for the Statement of Fitness for Work. The Statement intends to advise patients who are on sick leave for more than seven days on whether, with extra support from their employer, they could return to work.
Read moreConfidentiality is at the centre of maintaining trust between patients and doctors. As a doctor, you have access to sensitive personal information about patients and you have a legal and ethical duty to keep this information confidential, unless the patient consents to the disclosure; disclosure is required by law or is necessary in the public interest. This factsheet sets out the basic principles of confidentiality.
Read moreA clinical negligence claim is a demand for financial compensation for alleged harm caused by substandard clinical care. Common reasons for claims include failure or delay in diagnosis, or incorrect treatment. In fact, many claims arise out of poor communication. This factsheet outlines the main stages in the legal process of a claim and what it means for you. If you receive a complaint, and this is not being dealt with by your NHS or other employer, you should contact MPS immediately.
Read moreThe GMC states that “doctors play a crucial role in protecting children from abuse and neglect”. Child maltreatment includes neglect and physical, sexual and emotional abuse. The following frequently asked questions are designed to advise MPS members what to do and who to contact, should they suspect children are at risk of, or are experiencing, harm.
Read moreUnder the Misuse of Drugs Act (1971) and the Misuse of Drugs Regulations (2001), GPs have a responsibility for controlled drugs (CDs) within their practice. This factsheet highlights what you should be aware of when carrying, storing and recording controlled drugs.
Read moreThe Scottish Government is exploring the possibility of a no-fault compensation scheme – here Gareth Gillespie looks at how it works in Sweden
Read moreFollowing your feedback, Medical Protection has launched a new way of supporting you if you receive a clinical negligence claim. MPS medicolegal adviser Dr Sam Godwin explains what the changes mean
Read moreThe Commission safeguards the interests of people with mental illness and learning disabilities, and earlier this year issued detailed guidance on the administration of covert medicine. Here Lynn McBean, communications manager, describes the work of the organisation.
Read moreThe 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.
Read moreValid 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.
Read moreSupplementary GMC guidance to Confidentiality (2009) contains information for healthcare professionals on what to do when reporting gunshot and knife wounds.
Read moreOne 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.
Read moreA doctor’s primary concern is to do their best for their patients; this includes giving advice and treatment, and arranging investigations in accordance with the current evidence base and the patient’s best interests.
Read moreAs 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.
Read moreThe GMC states that “Whether or not you have vulnerable children or young people as patients, you should consider their needs and welfare and offer them help if you think their rights have been abused or denied.” Surgery consultations, home visits, accident and emergency admissions and contact with other professionals who work with children help to build up a picture of a child’s situation.
Read moreConsent for taking photographs and making recordings is vital, explains MPS medicolegal adviser Dr Pallavi Bradshaw.
Read moreDoctors may, on occasion, receive a request from a patient’s employer for a medical report to be delivered directly to the HR department, without the patient seeing it. However, before any medical report can be provided, you must be satisfied that the patient has given valid consent to the release of the information. This factsheet looks at the issues surrounding medical reports for employers and other organisations, and offers advice to doctors who are asked to write reports.
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