Publications

State indemnity scheme and GMC fitness to practise referrals
State indemnity scheme and GMC fitness to practise referrals by Stephen McCaffrey, GMC Barrister

In April I reported on the introduction of the Clinical Negligence Scheme for General Practice that came into effect on the 1st April 2019.  The scheme is a new state-backed indemnity scheme for general practice operated by NHS Resolution.

This scheme covers clinical negligence claims for treatment provided on the NHS but does not cover criminal investigations, a coroner’s inquest, regulatory (GMC) issues, a complaint to the ombudsman from a patient, or a clinical negligence claim arising from private or fee-paying work.

Senior healthcare leaders need more support to ensure good patient care
Senior healthcare leaders need more support to ensure good patient care by Stephen McCaffrey, GMC Barrister

A General Medical Council (GMC) commission study found that senior healthcare staff are unprepared and unsupported for the challenges of leadership during the early stages of their management careers.

Participants revealed that the most demanding, but often unsupported, step into senior leadership was the first one beyond the level of consultant.

The research undertaken by medical ethics consultant Suzanne Shale entitled “How doctors in senior leadership roles establish and maintain a positive patient-centred culture” identified five ‘notable clinical subcultures’, that could be harmful if allowed to develop:

Doctor rest breaks and overtime – Court of Appeal ruling
Doctor rest breaks and overtime – Court of Appeal ruling by Stephen McCaffrey, GMC Barrister

Junior doctors have won a court case against a hospital trust over rest breaks which “could have far-reaching implications for the NHS.”

In the case, 20 junior doctors took the Derby Hospitals NHS Foundation Trust to court claiming errors in the way the NHS Trust carried out rota checks correctly.

Under the contractual terms for junior doctors, doctors across the NHS should get a 30-minute break every four hours they work or be paid double for the time.

Derby NHS Trust relied on ‘expected’ working hours data rather than ‘actual’ data into the software to assess whether the doctor’s duty periods were contract compliant.