HPPB Blog

Disciplinary ~ Counterclaim

Does a doctor own a duty of care to members of a patient’s family where a diagnosis is in error?

 

 Caution, think before persuing a claim

 

We had an interesting conversation with a client this week that may serve as a cautionary tale.

The client is a nurse. A situation arose where the employer ended up dismissing this nurse. The nurse sought advice about remedies via employment law…

Whatever solicitor correspondence was sent to pursue a claim, provoked a “counterclaim” by way of a report to the disciplinary body, which led to a hearing and a disciplinary record.

Whatever your view of that, the prospect of a disciplinary “counterclaim” needs to be considered because you may end up regretting pursuing a claim, only to be on the receiving end of a disciplinary case.

 

Update ~ 22/01/2024: 

A follow up to last week’s blog. We have heard from another client that he is aware of several instances since 2020 where people were threatened with being reported to their regulator. One instance was in the NHS, the other in the private sector.

The Francis Report of 2015 reference this concern, which seems very real…

The report ~ https://www.bmj.com/content/350/bmj.h828

 

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