WHAT IS MEDICO LEGAL?

Medico legal is evidence used to support a case in court or other legal settings. It can include anything from medical records to a professional opinion on the case.

Doctors often encounter medico legal situations in their daily clinical practice. This makes it essential for them to be aware of these issues.

DUTY OF CANDOR

In Medico Legal terms, the 'duty of candor' is a statutory requirement for health and social care providers to be open and honest with patients when things go wrong. This was one of the key recommendations from the Francis report and is set out in Regulation 20 of the Health and Social Care Act (Regulated Activities) Regulations 2014.

The duty of candor requires the 'responsible body' to notify a service user when an adverse outcome has occurred. This notification must be in person, provide an account of what is known and include an apology. The responsible body must also advise the relevant person what further inquiries will be made and offer reasonable support throughout this process.

The lead doctor for this process must be someone with whom the patient has a current relationship. It would be appropriate for this to be the consultant physician or surgeon whose care is being provided. It is a good idea for the reporting radiologist to be involved in the face-to-face discussion.

DUTY OF HONESTY

Creating professional and statutory duties of candor formalizes the requirement for clinicians to be candid with patients and families about the harm caused by their care. Its emergence as a formal requirement is based on the ethical imperative of telling the truth when treatment goes wrong and a desire to avoid unnecessary distress. But being candid is difficult in the context of complex professional cultures, limited resources, and the shadow of possible legal and regulatory proceedings.

Medico legal work includes examinations and reports prepared for actual or potential civil litigation (acting as an expert witness). GPs should be careful before providing medico legal reports, especially those addressed 'to whom it may concern,' as they could breach patient confidentiality. They should always ensure that they have the express permission of the patient to provide a report and that their knowledge of a patient's private affairs is up to date. They should also be wary of requests to prepare medico legal reports for family court matters, particularly where they have treated both parties.

DUTY OF CARE

A medico legal case involves any injury or ailment that requires investigations by law enforcement agencies to fix the responsibility regarding the causation of the injury. Medico legal professionals examine cases and provide medical proof and professional opinions through medico legal reports. These reports are provided to solicitors and lawyers to help support their client's case.

In tort law, a duty of care is the obligation that an individual owes to others to act reasonably competently to avoid negligent acts that could foreseeably harm them. Doctors have a duty to follow this standard, and breaching this duty can result in a lawsuit for malpractice.

However, a doctor owes a duty of care only in the context of a special relationship with a patient. For example, a doctor dining in a restaurant has no affirmative duty to assist a fellow customer suffering from a heart attack. If the doctor continues to dine with the customer, they cannot be liable for negligence.

DUTY OF COMPETENCE

Physicians have a legal duty to provide care and treatment to patients within the standards of practice as established by law. These laws may be created by statute or based on common law, which is established by judgments in legal actions that have gone through the courts.

Medico legal actions are initiated when a patient believes a physician has breached their duty to them by failing to take steps that would have prevented an injury or harm. These are called alleged omissions, making up most negligence and civil responsibility claims.

CONCLUSION:

Medical experts are often called on to assist lawyers and the Courts in interpreting medical evidence. Intentional dishonesty is rare but does happen, and it can jeopardize the expert's credibility and contaminate the legal process. This handbook will help physicians understand the basic principles and underlying concepts of medical jurisprudence and the nine core requirements for a competent medico legal expert.