Posted By John Webster
Some of the above postings are a gross misrepresentation of the people in our health service. Blind sniping is both unfair and unjust and is in the best traditions of some of the downmarket tabloids.
The health service is well aware that crown immunity no longer applies. There has been a lot of catching up to do, but the NHS has an objective to be an exemplar employer with respect to occupational H&S. That may be a tall order when compared against some of the top performing big companies, but it is a move in the right direction and I think, as an employer, the NHS can now stand scrutiny.
With regard to Section 3, the NHS is automatically in a much more difficult position than anyone else. Patients far outnumber staff, and they have to be taken care of 24/7. Unlike the residents of a hotel, hospital patients are frail or sick. Unlike residents of a care home, hospital patients can be given potentially life threatening drugs, treatments or operations. Inevitably there will be more adverse incidents affecting patients in healthcare than to "other persons" in other sectors.
I agree that mistakes have been made. Over reliance on anti-biotics contributed to sloppy hygiene practices and the emergence of resistant strains of previously treatable bugs (sorry, Stuart), such as MRSA. A massive effort has been made over the past couple of years to restore hygiene to its rightful position as a religeon.
As for clinical errors - lets face it even the best, most highly trained and experienced practitioner is often making a best judgement decision on the basis of the evidence. Like us, they are human, and how often do we see conflicting advice about the same problem in this forum? Regrettably, there is still a culture of arrogance amongst some, and willingness to accept advice from others, even juniors, would not go amiss. So too would a willingness to be subject to scrutiny and monitoring. I still find it hard to imagine a consultant surgeon going through a checklist prior to an operation in the same way that an airline captain must do before whisking 400 people away in the back of a 747. But, little by little, these attitudes are changing, and I was recently gratified to hear an auxilliary nurse remind a consultant to wash his hands between patients.
Clearly medical negligence could fall within Section 3 HSWA, but this is not the only possible route to prosecution. The Police can bring charges of assault, "GBH" or even manslaughter if appropriate. Generally, however, the authorities leave medical matters to the GMC, who arguably are best placed to judge whether or not a doctor has been negligent. They can impose fines, suspensions and can strike doctors off. Similar arrangements are in place for nurses.