Legal consequences for SSIs

Healthcare professionals must have an understanding of the law, if they are to protect themselves in the event of a serious incident. MATTHEW BAILEY reports.

It is often reported that we live in an increasingly litigious society and, as a medical practitioner, it has never been more important to understand where you stand legally when something goes wrong. The Ethicon SSI Symposium 2010 sought to examine the legal implications of surgical site infections, with a thoughtprovoking presentation by Anne Reed – a qualified nurse with 17 years’ NHS experience, who retrained to become a solicitor. Having worked as an expert witness, she set up a consultancy practice in the specialist area of claimant clinical negligence law. This together with her NHS profile – particularly in the field of tissue viability – gives Anne Reed a formidable combination of clinical and legal expertise. “This year, there will be a projected £8 billion spent on clinical negligence litigation costs by the NHS,” she commented, adding: “If clinicians got it right, and SSIs were prevented, imagine how much money could be freed to spend on patient care, facilities, staff and equipment?”

Anne Reed underlined the need for surveillance of HCAIs and reminded delegates that litigation lawyers will want to see evidence of this in clinical practice. She further stressed the importance of understanding the financial impact of HCAIs, including surgical site infection. “What business would run its operation without knowing the costs involved? The current status quo clearly needs to improve – the health service needs to know the costs of SSIs in order to manage the situation,” she asserted. Anne Reed acknowledged the fact that the current climate poses significant challenges and that there are many competing demands. Healthcare professionals have to juggle clinical commitments, deadlines and targets, but they also have to meet patients’ expectations, which are becoming increasingly demanding. However, for the third year in a row, the number one priority in the National Priorities of the NHS Operating Framework has remained the same: “improving cleanliness and reducing healthcare-associated infections (HCAIs)”. “For clinicians, the pressure is now on. Litigation lawyers have the advantage, today, as they now understand exactly what infections entail, the data they need to be looking at and what they need to be searching for,” she warned. “Litigation may be delivered upon you and you will be expected to perform in the witness box,” she continued. “You will be on your own, having to recall and explain your actions – arguing why you are right and the patient is wrong.”