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Published: Thursday, 10 August 2023 09:43

Written by Guy Tuggle

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Patients logged over 15,000 ‘malpractice’ claims in the year 2020-21 NHS Resolution figures show. As inflation, mortgage rates and rents soar, ‘where there’s blame, there’s a claim’ could become  increasingly imbedded in the thinking of a growing number of patients.

Whilst most would agree that a patient, waking up to discover that the wrong leg has been amputated should receive a generous compensation, sadly an easily correctable dental mishap runs the risk of a stressful claim for compensation.

So what are the leading medical claims filed by patients? And what can you do to prevent these scenarios from happening in the first place?

Colin Kirkpatrick, Director of Insurance and Partnerships at MPS Partnerships says: “There are many reasons as to why a patient may feel let down by their medical professionals and be unhappy or dissatisfied with the kind of treatment they have received.

Medical malpractice allegations represent a difficult situation for all involved and can be damaging to clinicians in numerous ways. Some may fear damage to their reputation, others can find claims very stressful. 

The effects can impact on the ability of doctors and nurses to carry out their jobs and some may start to practice with an abundance of caution, leading to unnecessary investigations and unnecessary management of future patients.”

Dental clinicians are no strangers to increasing caution, many practising with ‘legal consequences’ not just at ‘back of mind’ but ‘front’ too.

Being aware of the key triggers for a claim can reduce the windows of opportunity for one to arise.  According to MPS these are:-

• Wrong or delayed diagnosis
• Failure to refer – This type of claim can link with wrong or delayed diagnosis. If a patient thinks that they haven’t been promptly referred to a specialist, this could turn into a medical malpractice claim.
• Incorrect prescribing – A patient might make a claim for incorrect prescribing if they believe they have been harmed after receiving an incorrect medication or dosage. Examples include penicillin being given to a patient who is allergic to penicillin, or not checking for any contraindications to the drug or any incompatibility with the patient’s other medications.
• Failure to act on test results – If a patient has an investigation, the results should be followed up in a timely fashion and action taken as necessary. Claims can arise for failing to act on any type of test. For example, a patient may be referred for treatment at a dental hospital. The clinician discharges the patient back to the practice with recommendations for restorations or regular RSD but the letter, instead of being carefully read and the patient called, is scanned onto the patient’s notes and never acted on.
• Failure to consent – This is a very common subject of medical malpractice claims. They arise if a patient believes they were not appropriately consented for a procedure – that’s to say consent was not informed. The patient will then say if they had been informed about the procedure, they would not have gone ahead with it and so would not have suffered the injury that arose as a result of having the procedure.

Most dentists and hygienists are all too aware of the steps they can take to ‘cover themselves’ but the MPS checklist is always worth review. It includes:-

• Documentation –as contemporaneous as possible, stating clearly what has been done, when, by whom and upon what basis where a rationale is required.

• Consent process – Appropriate, informed consent is crucial.  Always follow GDC guidelines. A patient should be advised what their procedure involves, what the benefits are of it, the risks including short-, medium- and long-term risks and anything which may be materially significant to the patient, and what the alternatives to their procedure might be including no treatment at all.  Patients should be allowed time to consider what you tell them and be able to ask questions.

• Communication – Good communication is key to the dentist-patient relationship and patient management. Communicate in a clear, understandable way, and avoiding complex terminology that might cause unnecessary confusion.

• Know processes and equipment – As a healthcare business, it’s important to ensure staff are au fait with key processes and systems in the practice. New staff should have a proper induction to facilitate this.

Finally, MPS reminds clinicians to ‘practise self-care’.   When tired, hungry, or stressed, anyone can make mistakes. Looking after oneself as a clinician and a healthcare organisation that facilitates this, is just as important as the care patients might expect.

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