Re: Malpractice in the UK - was colloquialism
From: Elrod, Darryl G MAJ 48 MDOS/SGOBO (Darryl.elrod@LAKENHEATH.AF.MIL)
Tue Mar 14 00:28:00 2006
Ranitidine in labor? What is the basis for this treatment?
Lovely thread, but this caught my eye.
Glen
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D. Glen Elrod, Maj., USAF, MC
Obstetrician/Gynecologist
Chief of Obstetrics
48 MDOS/SGOBO
RAF Lakenheath, England
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From: ob-gyn-l@obgyn.net [mailto:ob-gyn-l@obgyn.net] On Behalf Of =
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GA12L@aol.com
Sent: Monday, March 13, 2006 12:00 PM
To: Multiple recipients of list OB-GYN-L
Subject: Re: Malpractice in the UK - was colloquialism
In a message dated 13/03/2006 03:05:11 GMT Standard Time, RModugno@aol.com writes:
From Gail's descriptions, one gets the impression that the hospital/NHS protects everyone. The NHS "reviews" all claims and makes a judgment on the merit of the case. Kinda like the fox guarding the henhouse.
No that's not the impression I was trying to give. The women here are parners in their care and if they refuse/decline any treatment that may be of benefit to them then we have a duty to inform them but ultimately they have the final say.
Example, a woman comes to the hospital in labour, she has had a SROM and grade 3 meconium is seen. The policy id for CEFM, IV access and take bloods, 6 hourly ranitidine. If the woman refuses these I document it in the notes that we have discussed said policy and that she has declined. During IA I hear a late deceleration and ultimately the woman ends up with an emergency c/section and a very ill baby with mec aspiration and subesequently dies. The woman then makes a complaint. Who is liable? Not me. I have informed the woman of the need to continuously monitor her baby, she declined. She is deemed to be competent to make that decision.
Had I NOT told her of the risks and/or not documented all this in the notes I would be at fault. I would them be seem by my supervisor of midwives; then an investiagtion; then I would make a statement. The hospital woild then write to the woman and tell her of the outcome of the investigation. If she wasn't happy, and who wouldn't be, then she takes it a step further with is an investiagtion by professionals from another hospital. If the outcome went in the woman's favour she then has all the evidence she needs to sue. The hospital solicitors would make her an offer out of court and she declines and goes on with the lawsuit. I would then contact my union the RCM whi I pay £16.00 per month to and they would cough up any money if the woman sued me. It gives me liability insurance for up to £1,000,000.00. However, the hospital is usually the one to get sued and they pay out through vicarious liability.
In the meantime, I would be reported to the NMC and they would look at the case and see if there was negligence on my part. If they found there was I could be put under supervised practise or struck off the midwives register.
There was a case many years back where a woman was in a birthing pool. The midwives felt that the condiditon of the baby warranted CEFM, the woman refused to get out. Fearful for the baby they dragged her out, the woman sued for assault and won. They should have left her in the pool and she was deemed competent to make that decision evein if it put the life of her child in danger.
Questions anyone?
Gail
