FEATURE How can the RCOG support its doctors? It is now likely that all doctors will face at least one formal complaint in their working life, with potentially devastating consequences. Yet talking about these workplace stresses is still taboo F ORMAL COMPLAINTS are only one of the potential causes of workplace stress that affect doctors’ health and limits their ability to practise to their full potential. Studies have shown that most doctors under stress begin to practise ‘defensively’, which includes overprescribing, increased referring of patients, overinvestigation, not taking on complicated patients and avoiding certain procedures. This kind of behaviour is potentially harmful to patients. Alison Wright RCOG Vice President (UK & Global Membership) tells us, “our Members and Fellows have been asking for more support from the College. This has led us to set up a task force to address issues of workplace stress, bullying and undermining, and fitness to practise investigations on their behalf. 10 O&G SPRING 2017 “The Supporting our Doctors Task Group is a team of consultants and trainees with representatives from other organisations, in particular we will be working closely with the GMC. We are delighted that Professor Terence Stephenson will be part of that task group.” Prof Terence Stephenson, Chair of the GMC, said: “The GMC’s role is to protect patients, but we also want to support doctors by reducing the stress and duration of investigations. Through piloting provisional enquiries and other initiatives we have managed to curtail many investigations, and will be seeking new legislation from government to reduce the burden further.” Tackling bullying, harassment and undermining There is a distressingly large amount of literature about bullying, harassment and undermining during training. It is generally agreed that these behaviours are always unacceptable, and there are clear guidelines about how bullying and undermining should be avoided and tackled if they occur. Bullying and undermining are generally seen between senior staff and trainees. However, consultants themselves can be the victims of bullying. According to a survey by Carter et al. in 2013, 20% of NHS staff had been bullied, and 43% had witnessed bullying, but few had reported it. The main reasons for not reporting incidents of bullying were a belief that nothing would change and a fear of being branded a trouble maker. Carter noted that the most common source of bullying was a supervisor or manager, but for almost a third of those bullied the bully was a peer rather than a superior. www.rcog.org.uk SUPPORTING OUR DOCTORS To try to understand more about the issue the College surveyed O&G consultants. The results revealed a hitherto C ASE STUDIES C A S E R E P O R T, D R X Dr X, an ST2 at the time of the incident, was on night call when she saw the patient. The cardiotocograph (CTG) was reassuring. Dr X was called back in the 2nd stage. The baby was born after episiotomy but was fl at and required resuscitation. The baby was acidotic and suspected to have hypoxic ischaemic encephalopathy (HIE). Later it was also found to be septic with Staphylococcus aureus and died fi ve days later. There was an internal serious untoward incident (SUI) investigation and a debrief with no criticism of Dr X. However, the SUI was disclosed to the parents without Dr X’s knowledge and she later received a letter from the GMC. The patient had alleged that Dr X had misinterpreted the CTG, therefore delaying delivery and resulting in neonatal death due to HIE and sepsis. On receipt of the GMC letter Dr X had ‘never felt so desperate’ and was unable to sleep or eat for several days. She felt unable to work, described it as a ‘nightmare’. Dr X contacted her defence organisation who opened a case and sent details of their counselling service. She also contacted the British Medical Association (BMA) counselling service and the Samaritans. Dr X reflected on the case in detail. During the GMC investigation Dr X initially continued to feel very worried for her career. She accepted that the GMC had an obligation to investigate and made use of the medicolegal adviser at MPS as a means of support. She produced a detailed written reflection on the case and was relieved when the GMC expert report concluded that ‘the overall standard of care provided to this patient by Dr X did not fall below that expected of a reasonably competent specialty trainee in obstetrics’. unknown incidence of consultants as victims rather than perpetrators. 44% of the respondents said they had been persistently bullied or undermined, and the toll on the victims was significant, ranging from suicide ideation and depression to sleep disturbance and loss of confidence, which will have an inevitable impact on patient safety. Just over half the victims had reported the situation to management, but only 4% reported that it had been resolved. The situation is disturbing and unresolved. The College, jointly with the Royal College of Midwives, has issued statements regarding zero tolerance of bullying and undermining of trainees and midwives and has created a number of resources that are available to members. However, breaking the taboo and encouraging staff to speak out will be the key to creating a supportive environment where stresses can be discussed, incidents reported and mechanisms put in place to resolve them. It should no longer be acceptable to say ‘that’s just how she talks’ and put the onus on the victim to accept an unacceptable behaviour. How can we work together with the GMC and medical defence organisations (MDOs)? A fitness to practise investigation by the General Medical Council (GMC) is one of the greatest fears among practising doctors: it is the most serious investigation and can lead to suspension or erasure from the register. “The GMC’s role is to protect patients, but we also want to support doctors by reducing the stress and duration of investigations” 1 Carter et al, BMJ Open 2013;3: www.rcog.org.uk 2 Shabazz et al, BMJ Open 2016;6 The outcome The GMC closed the case with no further action six months after Dr X received the initial letter. Dr X felt relief but also frustration at the events leading up to the complaint. 3 It’s vital to speak to others who have had similar experiences Dr X felt the complaint could have been avoided if the case at the trust level had been handled better. C A S E R E P O R T, D R Y Dr Y, a consultant with eight years’ experience, was involved in a complex forceps delivery. The baby was born in poor condition and died the following day. Dr Y was deeply affected by the event. She had annual leave already booked and returned to work at the end of the holiday. The parents complained to the GMC. The arrival of the letter was a great shock and Dr Y wasn’t aware of the support channels available to her. Dr Y immediately contacted her defence organisation. She then had a meeting with the parents who said she had not apologised. (These accusations were untrue as confirmed by staff who had been on the scene.) The outcome After nine months the GMC exonerated her, dealing in detail with every point. Dr Y felt relieved that the GMC had confirmed her competence but was left doubting her own abilities. Being cleared by the GMC wasn’t the end of the case. The mother wrote multiple complaint letters leading to a difficult meeting with the parents. Dr Y’s health was affected and her GP was helpful in identifying the extent of her anxiety. She had not experienced suicide ideation but was aware of a strong desire to ‘run away’. This was an acute issue in Dr Y’s life for two years and it was three years before she really felt ‘cleared’. Advice from Dr Y for others • Don’t return to work too soon • Take opportunities for counselling • See your GP • Talk to others who have experienced the same thing http://www.uhs.nhs.uk/HealthProfessionals/Clinical-law-updates/Manslaughter-by-doctors.aspx SPRING 2017 O&G 11 FEATURE “Participants find the processes very distressing and anxiety-provoking” Karen Ellison of the MPS explains that the rise in the number of complaints to the GMC seems to be a consequence of our increasingly litigious society, and because patients think that they are better informed about medical procedures and their rights because of the internet. She also believes that complaints are often made based on the potential financial compensation, without thought for the total cost of the case (far in excess of the award to the patient) or the effect on the doctor. The devastating effects of a letter questioning fitness to practice are well known. Doctors’ typical responses include: ‘nightmare’, ‘worried for my career’, ‘lost my confidence’, ‘questioning my own ability’ and ‘never felt so desperate’. The investigation can rapidly lead to depression or other mental health issues, and in some cases suicide ideation or suicide itself. Even if the final outcome is exoneration, when doctors receive a letter explaining the decision they often fail to achieve a sense of closure of the incident. They tell us they feel there is still a shadow over their career. Recent studies (Brooks et al. 2014) have identified some of the reasons that current investigative processes are so stressful to doctors: • T he legalistic and impersonal language of the letters • T he number and uncoordinated nature of the communications • A lack of empathy from supervisors • A lack of clarity about the process Participants report finding these processes very distressing and anxiety- 12 O&G SPRING 2017 provoking, citing as key factors a lack of clear information and the impact that the tone of the correspondence has. What can doctors do themselves? In our ‘blame culture’ many believe that when a tragedy occurs somebody must pay. And the increasingly litigious nature of today’s society coupled with simplified access to ‘ambulance-chasing’ law firms increases the likelihood that any mistake could result in a complaint or even a formal gross negligence manslaughter charge. Fear and worry can be destructive; the best response is to plan. • Understand the risks involved and take steps in your practice to ensure not only that everything is done correctly but that the notes also record everything pertinent • C onsider how you interact with patients because the evidence is that we make our decisions about trusting individuals within one tenth of a second of meeting • B e scrupulously honest at every stage of any investigation into your practice – equally important whether it is a local or GMC investigation or in a court of law • C ome forward and seek help C ASE STUDIES C A S E R E P O R T, D R Z Dr Z, an experienced consultant, had experienced a number of unconnected referrals to the GMC in 17 years of practice. The cases he has faced include a claim of missed diagnosis of ovarian cancer, an MSc trainee under his supervision who had cheated in an examination and complications in laparoscopic surgery. He felt that the earth had “opened up to swallow him” and he began to doubt his own abilities and insight. In the case of the MSc trainee, the GMC required their attendance at a panel hearing but gave only a few days’ notice. In each of these cases he contacted his defence organisation immediately. The defence organisation put together a legal team and provided significant and reassuring support. Dr Z’s case was significantly helped by the amount of support that he had from patients and colleagues. The outcome After the case had continued for over two years the GMC agreed that there was no case. Dr Z received no apology and had no sense of exoneration. Advice from Dr Z to others • Join a defence organisation • You are only as good as your last operation • Things go wrong in medicine: be honest at all times www.rcog.org.uk SUPPORTING OUR DOCTORS Available RCOG support Workplace Behaviours Advisor • Bullying and undermining toolkit bit.ly/1yq1uoP • Improving workplace behaviour, an eLearning module to raise awareness of unacceptable behaviour bit.ly/2n9GrpB Supporting Our Doctors Task Group If you receive a GMC letter, it’s important to see your GP If you do receive a GMC letter • Make sure you understand the GMC process and where you are within it • Contact your defence organisation immediately • Talk to other people who have experienced similar situations • Contact one of the counselling services • See your GP How to get back to work Particular problems arise for doctors who are allowed to practise with undertakings or who have been suspended for a period of time. Return to work may be extremely difficult or impossible. Mark Slack, one of the members of the RCOG’s new Supporting our Doctors Task Group (see right), points out that there are several issues involved in returning to work www.rcog.org.uk because your colleagues have knowledge of the event and a prejudgement of the doctor’s ability is almost inevitable. It becomes extremely difficult for the returning doctor to play a full role in the department. Dr Slack believes that the best solution to help returning doctors is to ensure they are moved away from their previous environment and can work under the mentorship of a senior colleague with an honest understanding of the situation. In this way, Dr Slack believes that doctors can be given a second chance: “It is too great a waste of valuable resources for capable doctors in their 30s and 40s to lose their careers”, he says. The College has established a task group to develop a strategy for preventing, minimising and managing training and workplace-based stress. It also aims to remove the taboo currently felt around such issues. As well as setting strategy, the task group will be proposing and coordinating the College’s approach to supporting doctors and their employers. The areas to be explored and developed include: • Partnering and signposting to other support resources outside RCOG • Linking with regulatory, indemnity and other relevant national bodies • Working with the GMC to ensure fair, efficient and effective fitness to practise investigations • Exploring ways to improve the effectiveness of trainees’ assessments and greater flexibility within the training programme • Providing support and information on how to manage workplace challenges • Overseeing and directing the RCOG Peer2Peer Support programme READ MORE Find out how the GMC supports doctors on page 14 SPRING 2017 O&G 13
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