Complaints, Litigation and Clinical Errors: A Practical Guide for Health Care Students and Professionals

(1)        (1)     Introduction

SECTION 1 - The law overview

(2)          The basic principles of negligence law

(3)          Consent

(4)          Criminally negligent manslaughter              

(5)          Bawa Garba case and the use of reflections in court

SECTION 2 - Regulatory bodies

(6)          The general medical council (GMC)

(7)          The parliamentary and health service ombudsman

(8)          The care quality commission (CQC)

(9)          Coroner

SECTION 3 – Special circumstances

(10)        The junior doctor

(11)        Remote consultations and medicolegal implications

(12)        The locum

SECTION 4 – Dealing with complaints

(13)        NHS complaints process

(14)        Independent sector complaints processes

(15)        Duty of candour

(16)        Responding to the complaint

(17)        Documentation / record keeping

(18)        Professional obligations and role of reflections

SECTION 5 - Dealing with litigation

(19)        Medical Defence organisations

(20)        Role of the team – Captain of the Ship

(21)        What is disclosable

(22)        The relationship with your lawyer and the process

SECTION 6 – Court

(23)        Giving evidence in court

(24)        What the court/judge are looking for

(25)        Handling cross-examination

(26)        The role of the expert

(27)        Who will the court believe

SECTION 7 – Negligence and clinical errors

(28)        Allegations of negligence

(29)        Never events

(30)        Poor attitude

(31)        Poor communication

(32)        System errors

SECTION 8 - Speciality sections

(33)        Common sources of litigation for each speciality and brief descriptions of how to avoid them.

SECTION 9 – Learning and avoiding errors

(34)        How we learn

(35)        Why errors happen

(36)        Errors and cognitive bias

(37)        Improving diagnosis

(38)        Avoiding complaints and protecting yourself from litigation

 Index

This concise book provides readers with practical guidance to help them to both avoid errors and develop robust processes to protect themselves and their patients, as well as dealing appropriately with complaints and litigation, when things do go wrong. Free of complex legal terminology, the book outlines key concepts in medical law and how these may be applied to clinical situations in both hospital and community settings.

• Accessible text addressing these specific areas of concern for all health care students and practitioners – error and harm, complaints, negligence claims and litigation
• Supported throughout with case examples, accompanied by commentaries from experienced clinical specialists
• Both medical and legal perspectives are reflected in the experienced editor team

Incorporating case law with practical studies, legal information is supplemented by clinical commentaries from a range of specialists representing the perspective of the health care practitioner. The book is essential reading for medical and health students, practising clinicians and allied health care professionals at all levels.

Amar Alwitry is a Consultant Ophthalmologist, Cataract & Refractive Surgeon, Nottingham, UK

Janine Collier is Executive Partner, Tees Law, Cambridge, UK