The Medical Defence Union (MDU) believes that the proposals to introduce a criminal sanction for wilful neglect will lead to large numbers of doctors being investigated.
Responding to the Government’s consultation on a proposed new criminal offence of wilful neglect, the MDU explained that such investigations will be stressful for all concerned and disruptive for patient care. Dr Christine Tomkins, MDU chief executive said: “The inference of these proposals is that there is a widespread problem of ill-treatment and wilful neglect and that patients need greater legal protection from doctors and other healthcare professionals. We don’t agree. Anyone familiar with the medico-legal climate will know there are no gaps in the law. Doctors especially can be subject to many investigations from a single clinical incident – a complaint, claim, disciplinary inquiry and GMC complaint can follow. This is known as multiple jeopardy and adding a criminal offence to the list makes no sense. It certainly does not provide any greater protection for patients.
“Doctors accused of neglecting patients can be referred to the GMC which can impose a wide range of sanctions in order to protect the public, including removing them from the medical register. The Health & Safety Executive can also bring prosecutions of individuals and organisations under S33 of the Health and Safety at Work Act 1974. Our experience suggests the proposed criminal sanction will lead to a large number of criminal investigations of doctors, even if there is no prosecution, which is the likely outcome in most cases. Police investigations are stressful for all concerned and disruptive of ongoing patient care.
“The Government proposals do not consider the full and considerable costs likely to be involved. Perhaps most worryingly of all, the introduction of yet another criminal sanction will have a punitive effect on healthcare practitioners that is entirely contrary to the culture of openness and learning from mistakes, which the NHS wishes to foster. We cannot see how any of this will lead to increased protection for patients. The danger is that it will encourage a climate of fear and blame from which nobody benefits.”
