Law for Orthopaedic Surgeons - Pre-recorded Material

By the end of this session participants will:

• Understand the evolution of the law in relation to consent.
• Understand the importance of the Montgomery ruling.
• Be aware of the standards expected by the GMC.
• Develop methods for ensuring that consent is obtained and clearly documented to an appropriate standard.

By the end of this session participants will understand:

• Criteria to be fulfilled to prove a case of medical negligence (Duty of care, Breach of Duty, Breach of duty leading to harm)
• The Bolam test as a determinant of the standard of care
• When does the doctor patient relationship (duty of care) come into being?
• Causation and the ‘but for’ test
• Expert opinion has to withstand logical scrutiny (Bolitho v City and Hackney Health Authority (1997)
• Inexperience -law requires that the trainee or the learner to be judged by the same standard as his more experienced colleagues-Wilsher vs Essex (1988)
• Vicarious liability of employers and private practice jeopardy under contract law
• The limitation period
• Loss of chance case – inability to achieve full recovery.

By the end of this session participants will understand:

• The role of the MPTS in the regulation of doctors' practice
• How the MPTS is linked to the GMC
• What functions are delegated to the MPTS from the GMC
• The burden of proof in MPTS proceedings

 By the end of this session participants will be sufficiently informed to:

• Understand that the GMC guidelines on consent in an emergency are brief and a relatively ‘low bar’ to clear
• Consider whether the trauma patient truly has capacity to give consent to treatment
• Consider when to treat in ‘best interests’ given the patient’s physiological and psychological state
• Understand the need to consider the least restrictive options for treatment when a patient is unconscious
• Understand the implications of the McCulloch judgment when considering the reasonable treatment options to put to the patient

By the end of this session participants will understand:

• To develop an understanding of why transfusions are refused by Jehovah's Witnesses
• To consider the tensions in law between the clinician's duty to preserve life and duty to respect the patient's right to autonomy
• To familiarise the participant with the Advance Decision Document
• To understand which blood components are refused, and which are up to the  individual choice of the Witness
• To understand how to proceed in cases of minors who may consider declining blood
• The role of the Hospital Liaison Committee of Jehovah's Witnesses

The aim of the course is to reduce the amount of mystique behind the system and provide confidence when dealing with Coroners and attending the inquest.

By the end of this session participants will understand:

• When the Coroner needs to be involved in your medical practice.
• The steps taken between reporting a matter to a coroner and an inquest being held
• What happens at an inquest
• Common issues that arise with medics at inquests

By the end of this session participants will understand:

• The ethical and legal basis of confidentiality
• Regulation of confidentiality and the Information Commissioner's Office
• The Data Protection Act and GDPR
• Caldicott Principles
• Practical legal considerations in electronic communication with colleagues

By the end of this session participants will:

• be aware of the potential criminal charges which might be brought against the hospital and a doctor
• know the definition of gross negligence manslaughter
• understand the role of the Coroner, the Police and the CPS (Crown Prosecution Service)
• be aware of the outcome of recent cases

By the end of this session participants will understand:

• The risks of engaging with social media as a doctor
• GMC guidance
• The online disinhibition effect
• Case studies