CONTENTS IN THIS ISSUE


JULIE Bailey is a woman who knows the cost of pointing out uncomfortable truths. For five years the café owner’s life was “on hold” with the Cure The NHS campaign which she founded after witnessing the “shocking neglect” of her elderly mother and other patients at Stafford Hospital. This led to a victory of sorts with the critical findings and sweeping recommendations of the Francis Inquiry – and also perhaps an expectation she might put the ordeal behind her. But in June the BBC reported that she was selling the lease to her café and leaving Stafford as some locals had grown hostile, accusing her of trying to get the hospital closed down. “I don’t feel safe, to be honest,” she said. Certainly much of this trouble could have been avoided by just saying nothing – a dilemma faced by all whistleblowers. On page 10 Julie Bailey talks to Summons about what motivated her to speak out. Also in this issue (page 16) GP and Macmillan facilitator, Euan Paterson, offers a perspective on the challenges of providing


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high-quality palliative care in the community – the first instalment of a two-part article. And on page 14 solicitor Andrea James looks at new guidance from the GMC on the obligation of doctors to raise and act on concerns over patient safety, even if professional loyalties are at stake. Dental partnerships are a bit like marriage – blissful at best,


rancorous at worst. Michael Royden of Thorntons Law offers some advice on dealing with discord on page 18. In May of this year MDDUS acted again as main sponsor of the BMJ Group Awards and a big winner on the night was the Britain Nepal Otology Service or BRINOS. On page 12, founder Neil Weir tells how the organisation was established. And on page 9, Deborah Bowman draws some curious ethical lessons from Danish political drama Borgen.


Jim Killgore, editor


BREAKING THE SILENCE ENT surgeon Neil Weir


describes how a holiday encounter led to the founding of an innovative medical charity in Nepal


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Cover image: Sunny Bench Italy by Tim Cockburn


Tim Cockburn was born in Sheffield in 1955 and studied painting at Edinburgh College of Art from 1974-1978. An award from the Elizabeth Greenshields Foundation in 1981 enabled him to paint in Tuscany and Umbria after which he travelled to India and Sri Lanka. The main


theme of his work at this time was landscape and this screenprint, with its strong shapes of flat, bright colour, is typical of his work during that period of his career. Art in Healthcare (formerly Paintings in Hospitals


Scotland) works with hospitals and healthcare communities across Scotland to encourage patients, visitors and staff to enjoy and engage with the visual arts. For more information visit www.artinhealthcare.org.uk Scottish Charity No: SC 036222.


SUMMER 2013


DON’T TURN A BLIND EYE Solicitor Andrea James looks at GMC guidance on the obligation to report concerns over patient safety


A GOOD DEATH First of a two-part series on


the challenges of providing high- quality palliative care in the community


TOGETHER FOR BETTER OR WORSE


Michael Royden offers advice on dental partnership disputes – avoid them where you can, resolve them where you can’t


Editor:


Jim Killgore Associate editor: Joanne Curran


Editorial departments: MEDICAL Dr Jim Roger DENTAL Mr Aubrey Craig LEGAL RISK


Simon Dinnick Peter Johnson


Please address correspondence to:


Summons Editor MDDUS Mackintosh House 120 Blythswood Street Glasgow G2 4EA


jkillgore@mddus.com


REGULARS 4 Notice Board


6 News Digest


8 Employment Law: Is obesity a disability?


9 Ethics: Lessons from across the North Sea


10 Q&A: Julie Bailey


20 Case studies: Broken smile, Full disclosure, A personal decision


22 Addenda: The eminent American, Ritter dental X-ray


machine, Crossword and Vignette: Richard W Smithells, paediatrician and researcher


Design and production: CMYK Design 0131 556 2220 www.cmyk-design.co.uk


Printing and distribution: L&S Litho


Summons is published quarterly by The Medical and Dental Defence Union of Scotland, registered in Scotland No 5093 at Mackintosh House, 120 Blythswood Street, Glasgow G2 4EA. • Tel: 0845 270 2034 • Fax: 0141 228 1208


Email: General: info@mddus.com • Membership services: membership@mddus.com • Marketing: marketing@mddus.com • Website: www.mddus.com The MDDUS is not an insurance company. All the benefits of membership of MDDUS are discretionary as set out in the Memorandum and Articles of Association.


The opinions, beliefs and viewpoints expressed by the various authors in Summons are those of the authors alone and do not necessarily reflect the opinions or policies of The Medical and Dental Defence Union of Scotland.


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