Negligence Flashcards

1
Q

How are mistakes categorised in the NHS?

A

1 - By harm experienced.

2 - By harm potential.

3 - By degree of learning opportunity.

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2
Q

What are the categories of mistakes in the NHS?

A

1 - Serious incidents where a patient dies due to an avoidable event.

2 - An unexpected or avoidable injury.

3 - Actual or alleged abuse.

4 - A ‘never event’, an incident which prevents the organisation from providing an acceptable level of care.

5 - Major loss of confidence in the service.

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3
Q

According to the NHS serious incident framework, what defines a ‘serious incident’?

A

1 - The incident demonstrates weaknesses in the system.

2 - The incident reveals a need to prevent further harm.

*Not limited to a set list.

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4
Q

According to the NHS serious incident framework, what defines a ‘near miss’?

A

An incident where potential harm is avoided but weakness is still revealed.

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5
Q

According to the NHS Never Event Policy and framework, what defines a ‘never event’?

A

1 - A serious incident that is wholly preventable.

2 - An incident where national guidance / safety recommendations should have been employed.

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6
Q

List 2 examples of a ‘never event’.

A

1 - Wrong site surgery.

2 - Prescribing errors.

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7
Q

What is a root cause analysis and what stages might it include?

A
  • A systematic process for identifying ‘root causes’ of problems or events, and an approach for responding to them. Can include:

1 - Concise internal (occurs between a few individuals within 60 days).

2 - Comprehensive internal (occurs within the MDT within 60 days).

3 - Independent investigations (occurs externally within 6 months).

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8
Q

What is the duty of Candour?

A
  • GMC:
  • “Every healthcare professional must be open and honest
    with patients when something that goes wrong”
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9
Q

What is the purpose of a duty of Candour?

A

1 - Transparency enhances confidence.

2 - Protects against abuse.

3 - Empowers the MDT to speak up.

4 - Learning vs blaming.

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10
Q

What is the difference between guilt and shame?

A

Guilt focuses on behaviour, whereas shame focuses on oneself.

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11
Q

What is negligence?

A

A breach of a duty to a patient that causes the patient harm.

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12
Q

Give 2 examples of tests used to assess medical negligence.

A

Bolam and Bolitho tests.

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13
Q

What is the difference between the Bolam and Bolitho test?

A

Bolam: States that if a doctor has acted according to proper and accepted practice, he is not guilty of medical negligence.

Bolitho: States that a doctor’s defence cannot be considered reasonable if the body of doctors or supporting witnesses are not capable of withstanding logical analysis (if the management was not demonstrably reasonable).

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14
Q

What must be proven in order to confirm medical negligence?

A
  • Harm has to be proven to be forseeable, not just an accident.
  • Patient has to prove causation (any other explanation for the harm they suffered?).
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15
Q

What is gross negligence?

Give an example of a case that involved gross negligence.

A
  • A conscious and voluntary disregard of the need to use reasonable care.
  • This is criminal wrong-doing (as opposed to clinical negligence which is civil wrong-doing).
  • e.g. Adomoko case.
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16
Q

What is medical manslaughter?

A

Where a death is a result of a grossly negligent act, or omission on the part of the defendant.