News MDDUS EDITOR Dr Barry Parker
A GREAT deal has already been written about the prosecution and GMC investigation of Dr Hadiza Bawa-Garba, causing widespread concern within the medical profession. At the centre of the case is of course the tragic death of a young boy, but from a medico-legal perspective many questions have arisen in relation to gross negligence manslaughter, accountability, the GMC appeal against the Medical Practitioners Tribunal (MPT) decision, and the status of a doctor’s personal reflective log. In this issue (p. 12), solicitor Joanna
“At the centre of the case is of course the tragic death of a young boy, but from a medico- legal perspective many questions have arisen”
Bower provides a useful summary of the current position relating to the disclosure of doctors’ reflective records, dispelling some misconceptions and clarifying the legal position. Until recently, dentists and doctors would be very unlikely to see a patient with a bifid or split tongue, except perhaps for rare congenital anomalies. Now, however, this is regarded by a growing number of ‘body modification’ enthusiasts as a desirable effect, leading them to undergo extremely hazardous procedures and, in some cases, attempting their own surgery. Dr Selina Master of the Faculty of Dental Surgery highlights
potential complications on page 14. The Royal College of Physicians is marking
its 500-year anniversary and as part of the celebrations has launched a fascinating exhibition looking at five centuries of women in medicine (p. 10). On page 8, MDDUS Chief Executive Chris
Kenny offers an update on Government plans for state-backed indemnity for GPs in England and Wales, and on page 9 risk adviser Lindsey Falconer looks at the developing technology of remote medical monitoring and the inherent risks involved. Our regular Dilemma on page 20 concerns the prescribing of an unlicensed medication, and on page 21 Professor Deborah Bowman offers a personal perspective on what motivates patients to enrol in research trials.
Dr Barry Parker 4 / MDDUS INSIGHT / Q4 2018
Information hub on state-backed indemnity
THE English and Welsh governments have confirmed their intention to introduce a state-backed indemnity scheme (SBIS) by April 2019. Full details of the scheme have yet to be released (see p. 8 of this issue) but MDDUS will keep members updated. To find out the latest on SBIS go to our information hub on the MDDUS website, which provides a range of information, articles and FAQs about the scheme and the work MDDUS is doing to ensure we influence the best outcome for clinicians and patients. Access the hub from the link on the
mddus.com homepage.
BMA advises MDO cover “essential”
GPs in England and Wales have been advised by the BMA that it will be “essential” to retain membership of a medical defence organisation (MDO) after the introduction of a state- backed indemnity scheme. The government scheme for GPs in England and Wales is expected to launch in April 2019 and will cover clinical negligence claims for NHS services but will not cover private work or legal support in coroner’s inquests, GMC hearings or other matters relating to professional regulation. The BMA recently updated
its Medical indemnity guidance for GPs with FAQs addressing a number of issues, including the need to retain membership of an MDO. The guidance states: “The scope of the state-backed scheme is to cover the cost of clinical negligence for NHS services. The MDOs will continue to play an important role in providing legal advice, representation for GMC hearings and also for the rare occasion
where a criminal case occurs. Similar to hospital colleagues, it will be essential to maintain such medical indemnity.” MDDUS welcomes and strongly endorses the BMA advice. Director of Development David Sturgeon commented: “Doctors will continue to need comprehensive protection for all of their activity that falls outside the state-backed scheme – and from the consequences of the scheme if, as we fear, state-backed indemnity leads to claims settlements which take no account of damage to the professional standing and reputation of doctors. “Only a strong MDO like MDDUS can offer that vital protection. There will be more details shortly. We will determine prices when we have more details of the Government’s thinking.”
Welcome clarity on reflective practice
MDDUS has welcomed publication of new GMC guidance to support doctors and medical students engaging in reflective practice. The guidance – developed alongside the Academy of Medical Royal Colleges (AoMRC), the UK Conference of Postgraduate Medical Deans (COPMeD) and the Medical Schools
Council (MSC) – emphasises the importance
of reflection for personal development and learning to maintain
and improve professional
practice and patient safety. Commenting on the new guidance,
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