Dr Heidi Mounsey is a medicolegal consultant and assists members in relation to many of the matters outlined in this booklet. She is a former anaesthetic registrar and is a Fellow of the Royal College of Anaesthetists. She joined Medical Protection in 2016.
General surgery encompasses a huge range of sub-specialties, including breast, colorectal, endocrine, upper gastrointestinal, bariatric, transplant, and vascular surgery.
Surgeons are increasingly using laparoscopic techniques for a variety of general surgical procedures. Complications following surgery are rare, however medicolegal cases are not uncommon due to the significant impact they can have on patients’ lifestyles.
The majority of cases reported to us relate to elective surgical procedures undertaken outside the NHS. Patients who opt for elective surgery can choose to proceed with it at any time, or not at all.
Clinical negligence claims in general surgery can sometimes lead to large financial settlements. The value of the settled claim will often include compensation for care and loss of earnings, in addition to an award for damages resulting from a breach of duty. Complications can result in permanent damage or serious loss of function, and this sees the value of claims vary enormously. Our highest general surgery case payment during the time period considered in this report (including claimant damages, costs, and legal costs) was over £1 million.
In addition, COVID-19 meant there was a significant change to the way in which many doctors worked, including severe disruption to elective surgery within the NHS, and we saw a large number of individuals contacting our medicolegal helpline for advice and support.
Issues arising as a consequence of COVID-19 included the prioritising of scarce resources, concerns over staffing levels, COVID-19 vaccinations (including in relation to doctors who did not wish to be vaccinated and also those who had fraudulently obtained vaccinations for themselves or their family ahead of schedule), management of patients who refused to wear a mask, and worries about personal risk of exposure. Medicolegal cases where COVID-19 is cited as a factor are ongoing and it is likely the impact will continue to be felt for some time.
We understand you work in complex and often pressured environments. We also know, following feedback from members, that experiencing a medicolegal case can be incredibly stressful. At Medical Protection we want to share our knowledge, experience, and expertise with you so we can provide invaluable professional support.
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