Medicolegal Notes

These notes aim to summarise important topics for the FCEM examination. They represent my understanding and are a revision aid, so should not be taken as offering medical or legal advice.

• Medical Negligence
• Caldicott Guidelines
• Clinical Governance

To exist, requires:

• Duty of care existed
• Duty was breached (Bolam/Bolitho tests)
• Harm occurred as a result of the breach

• Protocols in place
• Use NHS number as identifier whenever possible
• Named, senior person as Caldicott guardian
• Six main principles:
  • Justify the purpose
  • Don't use patient identifiable information unless it is absolutely necessary
  • Use the minimum necessary patient-identifiable information
  • Access to patient identifiable information should be on a strict need-to-know basis
  • Everyone with access to patient identifiable information should be aware of their responsibilities
  • Understand and comply with the law

• Definition:
  • A framework through which NHS organisations are accountable for continuously improving the quality of their services and safeguarding high standards of care by creating an environment in which excellence in clinical care will flourish
  Components:
  • Clinical Audit
  • Education and training
  • Clinical Effectiveness
  • Risk Management
  • Openness
  • Research and Development

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