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Posted 11 June 2018
New Measures to Protect Doctors after Bawa-Garba Case – BBC News
New measures to protect doctors after Bawa-Garba case – BBC News
Stuart Bramley, Medical Negligence solicitor, notes:
“Any initiative to make the health service safer whilst protecting doctors and other clinicians from unwarranted legal action is to be welcomed but there is a difficult course to steer. My fear is illustrated by the quote from the BMA chairman in this article, which suggests that doctors only learn from errors if there is no blame involved. Unjustified blame should be tackled but where mistakes have led to a patient’s injury or death it would be extraordinary and misguided to protect those responsible on the grounds that otherwise they would not learn from what has happened. The NHS is in any case one of the few organisations which benefit from Crown immunity – this means that if a legal claim for negligence is brought, it must lie against the Trust involved rather than the individual doctor, nurse or midwife (although in fairness, that does not apply to GPs who are self-employed), which removes an element of personalised finger-pointing.
It is however very welcome that the General Medical Council can no longer appeal against the findings of disciplinary tribunals. Unlike the BMA, the GMC was never intended to be a mouthpiece for doctors sadly but there have been too many instances where that has occurred. There is a balance to be found here and I believe that these changes put the patient firmly back into that equation.”
If you need any advice regarding a matter similar to this, then please do not hesitate to contact our experienced team of medical negligence solicitors.