Medical errors from opposite sides of the barricades

doctor patient relationshipKnowingly and voluntarily entrusting health and life, the most expensive things people have, to doctors, patients are quite entitled to expect a sincere desire to help of doctor to get rid of suffering through his professional skills and knowledge and high moral character traits. Being aware of the unity of the human body as a highly complex biological systems a proven professional is aiming at eliminating functional and organic disorders of organs and systems. The nature of relations between the physician and the patient in modern society is regulated not only by the principles of ethics and deontology, but also subjected to certain standards described in the essential documents (e.g. civil or criminal code). In this situation, it is important to distinguish the concept of ‘professional error’ from the concept of ‘professional misconduct’ in health workers. The tricky cases that contribute to thousands of lethal outcomes in the UK has given birth to a legal area – according to medical negligence solicitors industry experts, the niche has increased in its size by 12% against the background of 2013.

From a legal point of view, despite the presence of a huge number of cases of medical errors in medical practice, the term ‘medical error’ in the legal sense, is unfolded and locked in a legal document not in its entirety. It suggests another concept – ‘inadequate medical care’, pointing out that in the medical literature there is no less than sixty-five intermediate definitions of concepts describing a medical error. (more…)

How legal services customers choose the providers in numbers

solicitors-ukThe article is dedicated to the most interesting parts of a comprehensive YouGOV study of the legal services market. The gigantic work observes the period from 2011 to 2015 and touches various aspects of legal services consumption in the UK: from pricing levels to the most popular law services. The post is based on the data provided by UK-based banking, corporate, clinical negligence solicitors and many other legal services users.

The importance of delivery speed

The biggest part of the respondents, 41%, has admitted the speed of services provision was ‘fairly important’, and in 26% of survey participants this indicator was absolutely vita. Interestingly, none of these 2 indicators has changed in since 2011, when the aforementioned numbers were 42 and 29% accordingly. The results confirm that the speed aspect is absolutely crucial – only 4% in 2015 have admitted it’s not really important (2% in 2011); ‘not very important’ answers accounted for a modest 5%, meaning that just around 9% pay little or no attention to the speed of getting things done.

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The clinical and post-operative shock: the nature of issue and legal projection

The problem of shock remains to be one of the most complex phenomena in modern medicine. Despite the large number of studies carried out in this field over the past decade, the understanding of the pathogenesis of traumatic shock and the approaches to their prevention and treatment remain to be quite controversial. This greatly complicates the presentation of the issues relating to the operational and post-operative shock. Thus, first of all, we need to answer the question why the terms ‘operational shock’ and ‘post-operative shock’ in recent years are used very rarely.

Following established theory of traumatic shock, its role belongs to the pathogenesis of certain neuro-reflex changes in the body: they are represented in the leading trigger mechanism of shock and is largely determined the subsequent course of the pathological process.

medical negligenceMeanwhile, during and after operations in a perfect anesthetic management indicated pathogenetic factors may not have any significant value, although the development of certain functional disorders is associated with the operation, although their impact can not be ruled out entirely. Since neuro-reflex processes in the pathogenesis of acute threatening conditions during operations and after they are usually not the most crucial, surgeons and anesthetists are not considering legitimate to define these terms as ‘operational shock’ and ‘post-operative shock’. This is where a fine line can be seen, dividing clinical negligence from clinical incidents. According to medical negligence solicitors experts, the average 16-months legal processes stuck on the issue and there were several legal claims already. (more…)