Medical defence and what every junior doctor should know
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- Jessica Day
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1 Medical defence and what every junior doctor should know MDU Services Limited (MDUSL) is authorised and regulated by the Financial Services Authority in respect of insurance mediation activities only. MDUSL is an agent for The Medical Defence Union Limited (the MDU).The MDU is not an insurance company. The benefits of membership of the MDU are all discretionary and are subject to the Memorandum and Articles of Association. MDU Services Limited is registered in England Registered Office: 230 Blackfriars Road London SE1 8PJ. Copyright MDU Services Limited 2008.
2 Why do I need to be a member of a medical defence organisation? Doesn t the NHS cover me? YES For claims arising from NHS clinical work NO For patient complaints Trust disciplinary hearings GMC hearings Criminal investigations Private patients Category II work Some coroner s inquests Good Samaritan acts worldwide
3 A GMC requirement You must take out adequate insurance or professional indemnity cover for any part of your practice not covered by an employer s indemnity scheme, in your patients interests as well as your own. Good Medical Practice 2006, paragraph 34
4 The bottom line It is estimated that doctors in the UK make 850,000 medical errors a year An Organisation with a Memory, DoH, 2000 Without membership of a medical defence organisation your career prospects and financial security could be at risk.
5 Copyright of the illustrator
6 Implications of investigations Suspension from work Loss of earnings De-skillment Impact on professional standing Intrusion of privacy Financial hardship Strain on family and personal relationships Feelings of worthlessness and despair
7 How much would defending myself cost? It can cost more than 50,000 in solicitors, barristers, expert witness and other fees to appear before the GMC
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9 F1 on manslaughter charge During a night shift, a F1 s patient died after the F1 provided nurses with an incorrect treatment protocol The F1 was charged with manslaughter and summoned to appear before a criminal court
10 How the MDU assisted MDU medico-legal adviser and solicitor appointed to assist the F1 and provide support throughout Barrister with significant experience in defending medical negligence cases appointed by the MDU to represent client MDU provided assistance in drafting the F1 s statement, securing character evidence and preparing doctor for giving evidence F1 was accompanied by MDU solicitor throughout trial
11 Outcome The F1 was successfully defended by the MDU The F1 was fully acquitted of manslaughter and free to return to work
12 What else does the MDU do? We provide advice to members to help them minimise the risk of receiving a patient complaint or claim Key areas: Consent Confidentiality Record keeping Prescribing
13 Copyright John McPherson Distributed by Universal Press Syndicate
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15 What else does the MDU do? Our medico-legal advisers are available night and day to provide expert advice on any medico-legal situation that a doctor may face. The Advisory Helpline is a free and confidential service for all members. It doesn t need to be a crisis to call us.
16 What else does the MDU do? Our press office manage media enquiries relating to members involved with high profile cases. It is vital that the media is handled correctly to minimise damage to a doctor s reputation. Over 100 new requests for assistance per year to the MDU press office.
17 Choosing the right medical defence Medical indemnity can be on an insured or discretionary basis. An insurance policy is a legal agreement to meet the costs of a claim, within its terms and conditions Discretionary benefits are only available at the discretion of the organisation providing them, and there is no certainty of payment. Would you consider insuring your house or car on a discretionary-only basis?
18 The MDU your choice is clear M D U Mutual we are a not-for-profit organisation and we don t have shareholders Doctors for Doctors we are owned by doctors and have the best interests of the profession at heart Unlimited free medico-legal advice from our 24-hour advisory helpline
19 The MDU your choice is clear M D U Market leader more doctors in the UK and Ireland belong to the MDU than any other medical defence organisation Dedicated solely to the needs of doctors in the UK and Ireland. We don t risk our members money by operating overseas but will provide insurance for UK and Ireland-based training grades working abroad for up to one year Unique only the MDU offer an insurance policy in addition to discretionary membership benefits
20 Copyright John McPherson Distributed by Universal Press Syndicate
21 MDU Services Limited (MDUSL) is authorised and regulated by the Financial Services Authority in respect of insurance mediation activities only. MDUSL is an agent for The Medical Defence Union Limited (the MDU). The MDU is not an insurance company. The benefits of membership of the MDU are all discretionary and are subject to the Memorandum and Articles of Association. MDU Services Limited is registered in England Registered Office: 230 Blackfriars Road London SE1 8PJ.
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