‘GO IT ALONE’


CASE EXAMPLE:A member is approached by a patient’s solicitor requesting a precognition (preliminary examination of a witness). The member attempts to deal with this himself but seeks MDDUS advice when he is questioned about matters well beyond the actual treatment he had provided or his involvement in the case. MDDUS lawyers took over correspondence and drew the matter to a swift conclusion.


REGULATORY MATTERS All regulatory matters should be brought to our attention without delay. For the avoidance of doubt, this includes all correspondence from the GMC or GDC where a concern has been raised about a member’s fitness to practise. Members should also familiarise themselves with their duties to self-report to their regulator if: • they are charged or cautioned by the police in relation to a criminal offence, including notice of an intended prosecution


• they are criticised by a coroner or sheriff during an inquest or fatal accident inquiry


• a professional body has made a finding in regard to your fitness to practise (for example, a medical regulator in another country).


CASE EXAMPLE:A surgeon ignores a complaint from a patient who then reports him to the GMC. The surgeon also ignores correspondence from the GMC until the matter reaches the end of the investigation. He seeks MDDUS advice 10 days before the expiry of the deadline to respond to allegations. Due to the long delay, it is impossible to advise on remediation, insight and obtain supportive documentation. Case examiners therefore refer the case to a hearing, which could have been avoided if earlier advice was sought.


ACTION POINTS • Avoid responding to legal requests without first seeking advice from your medical defence organisation (MDO) or indemnity provider.


• Resist engaging in correspondence with solicitors about complaints or claims without seeking advice.


• Do not enter into correspondence with your regulator without first notifying your MDO.


• Call MDDUS and seek advice promptly if in any doubt!


• Alan Frame is a risk adviser at MDDUS • Lindsey McGregor is a solicitor at MDDUS • Jane Scott is a solicitor at MDDUS


MDDUS INSIGHT / 13


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