Guidance on gross negligence manslaughter
A POLICY review has called for the establishment of a working group to set out a “clear explanatory statement” of the law on gross negligence manslaughter. This is one of the key recommendations of
the “rapid” review commissioned by former Secretary of State for Health and Social Care Jeremy Hunt and chaired by Professor Sir Norman Williams. The Williams review was set up in light of
the Bawa-Garba case to consider the wider patient safety impact resulting from concerns among healthcare professionals that medical errors could result in prosecution for gross negligence manslaughter, even if occurring in the context of broader system failings. Of particular concern was the fear that healthcare professionals might be reticent if involved in an untoward event and thus reluctant to engage in reflective practice, which is considered vital to learning and improving patient care. The review recommends that all relevant
organisations should produce updated guidance on gross negligence manslaughter to promote a consistent understanding of where the threshold for prosecution lies. Among further recommendations the
review calls for the Professional Standards Authority (PSA) to retain its right to appeal fitness to practise panel decisions to the High Court on the grounds of insufficient public protection but that the duplicate power provided to the GMC to appeal decisions of the Medical Practitioners Tribunal Service (MPTS) should be removed. It believes this will “ensure a consistent approach to appeals across healthcare professions that are statutorily regulated”. MDDUS has
expressed broad
support for the findings of the policy review. CEO Chris Kenny said: “We agree the need for high standards and current relevant clinical experience for expert witnesses and welcome the proposed clarification on not using reflective material for fitness to practise (FtP) investigations, unless, of course, the practitioner feels it is relevant. The proposals to ensure greater understanding of the law and more consistency in policy and coronal actions are also welcome. “We welcome the decision to remove double jeopardy on appeals. Evidence shows that the PSA has used its powers more selectively and proportionately than
the GMC. We also support the opinion that conviction cases should not be decided without the opportunity for a fair hearing. “Finally, doctors require legal support in FtP hearings as much as the GMC and MPTS need properly defended registrants to help guarantee just outcomes. The creation of state-backed indemnity for GPs may jeopardise this pursuit of justice. Therefore, as part of wider reform, the GMC should make clear that doctors need cover for non-claims matters as well as compensation for claims.”
Dr Brendan Sweeney retires as MDDUS Chairman
THE MDDUS AGM in September will see the retirement of the current Chairman of the Board – Dr Brendan Sweeney. “Benny” was first appointed as a non-executive director to the MDDUS Board in 1997 and took on the position of Chairman in 2012. Benny (pictured below) spent 35 years as a GP partner in the same practice in south- west Glasgow before retiring from clinical medicine in 2010. He retains a lifelong interest in the training of GPs and also served as chairman of the Committee on Medical Ethics of the RCGP for seven years. In 2002 he was awarded an MBE for services to medical ethics. He said: “I have many happy memories of
my time at MDDUS and step down safe in the knowledge that my successor, Dr Jonathan Berry, brings a wealth of experience and very safe hands, ready to steer MDDUS through the opportunities and challenges of the next few years.”
MDDUS Chief Executive Chris Kenny commented: “Benny has been a pillar of both professional and personal support to me since I took up the role of Chief Executive in 2015, and I have always found him to be approachable, knowledgeable and affable. I wish him well for the future and thank him for his wise counsel and effective chairmanship of the Board through challenging and exciting times.” Our next Chairman, Dr Jonathan
Berry, first joined the MDDUS Board in 2007 and most recently served as Vice-Chairman and also Chairman of the Investment Committee. Jonathan is a retired GP partner and former Chairman of Trafford South PCG, among other leadership roles in primary care. He was recently appointed as a non-executive director to North West Boroughs Healthcare NHS Foundation Trust.
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MANAGE YOUR MEMBERSHIP ONLINE YOUR MDDUS online membership portal just got a whole lot better! Make credit and debit card payments, change direct debit details and update subscription levels using our improved full-service online membership interface which is available 24 hours a day. MDDUS members using the portal can also download and print membership certificates, copies of renewal notices and online CPD, and also update address and other details. Go to Log in at
mddus.com to register.
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GP RISK TRAINING DAY JOIN us for an interactive risk training day focused on key areas such as complaints handling, patient communication, chaperones and social media. Time will also be spent examining key areas of risk in confidentiality and the General Data Protection Regulation (GDPR). London office: 23 October, 09:30 – 16:30. Glasgow office: Date: 27 November, 09:30 – 16:30. For more information or to book a place email
risk@mddus.com
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DISCOUNTED INDEMNITY FOR OCCUPATIONAL MEDICINE MDDUS is pleased to announce a new partnership with the Society of Occupational Medicine (SOM) to provide cost effective indemnity membership benefits for doctors working in occupational medicine. Benefit from a five per cent discount on indemnity with membership of both organisations. Email
ajkhan@mddus.com or call 078505 07780 to find out more about this offer.
MDDUS INSIGHT / 5
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