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22.08.14

Doctors who harm patients may face ‘tougher sanctions’

Doctors who have harmed patients could face tougher sanctions even if they can show they have subsequently improved their practice in serious cases, under plans being considered by the General Medical Council (GMC).

The proposals form part of a major GMC consultation on how doctors should be dealt with when serious complaints about them are upheld.

The GMC, which independently regulates doctors in the UK, is seeking views on several aspects of misconduct. These include imposing sanctions where doctors have made serious clinical errors – even where they have successfully retrained and improved their practice – if they failed to heed concerns and take steps to protect patients sooner.

GMC is also looking into whether panels should require doctors to apologise where they have previously failed to do so.

The regulator also wants to look into imposing more serious actions in cases where doctors fail to raise concerns about a colleague’s fitness to practice or take prompt action where patient’s basic needs have not been met.

If the proposals are put into place, doctors could face restrictions on their practice, suspension, or have their registration removed. This could occur if it is proved that they knew or should have known they were causing harm to patients in serious cases.

Niall Dickinson, chief executive of the GMC, said: “Doctors are among the most trusted professionals, and rightly so, and they deserve to be treated fairly.

“In the vast majority of cases one-off clinical errors do not merit any action by the GMC. But if we are to maintain that trust, in the small number of serious cases where doctors fail to listen to concerns and take action sooner to protect patients, they should be held to account for their actions.”

Responding to the announcement, Dr Helen Stokes-Lampard, RCGP honorary treasurer, said: “Patient safety is always of paramount importance and GPs work really hard to ensure that all patients receive the best possible care.

“GPs are the most trusted healthcare professionals in the NHS and share a unique relationship with their patients. Anything that further improves the care that we deliver to our patients - and the trust that they have in us should be welcomed.

“But it is essential that any action resulting from these proposals is taken in the best interests of patient safety and care and not used as an excuse to criticise doctors who are doing a very difficult job in increasingly difficult circumstances.”

Health Secretary Jeremy Hunt added that after the tragic failings at Mid Staffs [hospital], “we are taking steps to improve patient safety and ensure doctors are held to account for poor care”.

The consultation, which includes events for patient groups and doctors, will run until 14 November. The GMC will publish the outcome in 2015.

Tell us what you think – have your say below or email [email protected]

Comments

Dr Umesh Prabhu   27/08/2014 at 13:45

If GMC really planning to punish doctors who harm patients then it is a sad day for doctors, patients, profession and the NHS. There are complex reasons why medical errors happen and in 85% of cases there are systems failures. It is wrong to blame one doctor or one nurse when there are systems failures for medical mistakes. Doctors are simply human beings and each human being makes 5 to 6 mistakes every day and doctors and nurses are not exceptions. It is the ability to make mistakes which makes us human being. What is important is to learn from these mistakes. Also it is important for the Trusts and CCG to understand why doctors make mistakes and put systems and processes in place to prevent harm to patients. In Wrightington, Wigan and Leigh we have an 'Open and honest culture, supportive and learning culture and not a culture of blame but a culture of accountability for all. In such a culture staff feel confident to raise concerns and any staff that raises concerns are fully protected by Nurse Director and Medical Director and both of us decide how to investigate these concerns. Any doctor or a nurse who makes genuine mistake and are open and honest are fully supported. That doesn't mean there is no disciplinary action but the whole episode is fully investigated and families are given the report of the investigation and disciplinary action follows only if the staff refuses to accept help, acknowledge the mistakes or blames someone else or has shown gross disregard for patient safety. We have terminated contract of 4 doctors all locums for stealing drugs, drinking alcohol while on duty, sexualised behaviour towards carer and telling lies. All other staff we deal locally being honest and sincere with the family and learning lessons. It is important for GMC and all others to know that as human beings doctors will always make mistakes and they need help, support and learning culture and not blame, humiliation, discipline and punishment. I want to know how many GMC staff including Niall Dickson has not made mistakes in his life. Sadly and as he is not a doctor his mistake has no consequences but as doctors our mistakes may have serious consequences. If we want staff to learn from their mistake then we must promote fair and open culture, supportive and learning culture and culture of accountability for all including the Board. By only disciplining doctors without looking at systems and processes NHS is not going to protect patients but simply destroys many hard working and sincere doctors’ lives. Of course any doctor who is unfit to be doctor or shows gross disregard for patient safety or fails to learn from mistakes must be addressed firmly. Patient safety is not for compromise but most doctors need help, support, guidance to learn from their mistakes.

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