In the on call duty, a patient presented to the ER. Retrospectively there was suspected major medical negligence and near miss, who is legally responsible; the attendant physician was a junior resident in hospital. The on call rota includes a resident + a specialist and a consultant. In the case of legal complaint who is responsible if the specialist and the consultant were not informed about the case and if they were informed and have not seen the patient.
second question; who should be responsible for admission of cases; junior resident, senior resident, specialist or consultant?
It depends on where you work. In Ireland the State Claims agency deals with all cases of medical negligence. (www.stateclains.ie)
Hope this helps
Richard
Its a team work ,but the consultant is responsible for every thing done in his department
Dr. Sersar,
The answer to your question is decided by the judicial system where the medical negligence exists. You are in Saudi Arabia and I can't speak to the rules regarding medical jurisprudence in your country.
In the USA there are 4 elements to malpractice.
Duty – A duty must have been owed to a patient by a healthcare practitioner charged with that patient’s care. The doctor-patient relationship is a common example of a situation where that duty would exist.
Breach of Duty –The healthcare practitioner who had the duty of care for that patient must have failed in his/her duty by not exercising the degree of care or medical skill that another healthcare professional in the same specialty would have used in an equal situation. (This is when an expert is often called in to testify as to what an appropriate standard of care would be.)
Damage – The patient must have suffered emotional or physical injury while in the care of the healthcare practitioner. The injury can be a new one, or an aggravation of an existing injury.
Cause – There must be solid proof that the breach of duty by the healthcare practitioner caused the patient’s injury.
A successful medical malpractice suit will have proven that all four of these factors exist. If the defendant or healthcare practitioner being sued can prove that one or more of the elements does not exist, then the plaintiff would not prevail.
Each individual involved in medical negligence can be found at fault. Not just the attending physician. Negligence cases can target multiple individuals.
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