Surgeons in difficulty 25th November 2016 Leeds John MacFie Ignorance or ineptitude A common mistake people make when trying to design something completely foolproof………….. is to underestimate the ingenuity of complete fools Referrals to GMC: Who gets complained about? Who gets complained about? • • Male doctors get more complaints. Age also affects risk. National Health Service Litigation Authority • • Governmemt body: deals with a complaints • About 38% of claims are abandoned by the claimant, and about 43% are settled out of court. • In 2004-5 £502.9 million was paid out in respect of clinical negligence claims, and £25.1 million in respect of non-clinical negligence. • By 2015/6 payments (which include defence and claimants' legal costs) had risen to more than £1.4 billion • 47.59% related to maternity, 21.45% to surgery, 15.65% to medicine, 7.83% to A&E and 7.48% to all other specialities. 2004-5 : 5,609 claims of clinical negligence and 3,766 of non-clinical negligence. Surgeons in difficulty so, we live in a litiginous society…….. so, what happens……… Maintaining Higher Professional Standards in Modern NHS (MHPS) • Maintaining High Professional Standards in the Modern NHS (MHPS) describes the procedures which Trusts in England have to follow for handling concerns about conduct, performance and health • Detailed process is described with clear separation of roles and responsibilities • • • Gives a process Understood by both sides Other countries follow different frameworks MHPS • Part I: Action when a concern arises. • Part II: Restriction of practice and exclusion. • • • Part III: Conduct hearings and disciplinary matters. Part IV: Procedures for dealing with issues of capability. • Part V: Handling concerns about a doctor’s health. What are the issues? Conduct and capability are in all areas The performance triangle Work Context Clinical Knowledge & Skills Health Behaviour Three main concern areas Behaviour / misconduct – 58% Clinical concerns including governance/ safety 58% 30% 19% 29% 4% 5% 7% 5% Health concerns 21% Base - 5634 cases referred to NCAS Dec 2007 – Sept 2013 Mismatch between performance triangle and “concerns” Why are so many surgeons in difficulty ?? Morale, manpower and the NHS Morale, manpower and the NHS Is this dispute about money ? Is it about 7 day working ? Is it standardisation state employees ? Is it about the NHS ? Morale, manpower and the NHS Morale, manpower and the NHS Why is morale so low.......... • accountability : breakdown of the implicit contract • the implicit contract Morale, manpower and the NHS • the “concordat” created between the state and the medical profession at the inception of the NHS in 1948 has become unstable • • the clinical and political autonomy of doctors is now challenged the twin bases of medical power (doctors having unique access to medical knowledge and the public regarding them as the primary authority on medical care) has come under threat. Why is morale so low.......... Does stress lead to personality change..... Tourette’s Dr Jeyll and Mr Hyde How behavioural strengths can become weaknesses STRENGTH DYSFUNCTIONAL BEHAVIOUR Enthusiastic Volatile Shrewd Mistrustful Careful Moving away from others Cautious Independent Detached Focused Passive-Aggressive Confident Arrogant Charming Vivacious Moving against others Imaginative Diligent Dutiful Manipulative Dramatic Eccentric Moving towards others Source: Hogan and Hogan (1997, 2001); King (2008) Perfectionist Dependent Why is morale so low.......... • accountability: breakdown of the implicit contract • loss clinical independence • The evolution of the NHS manager 1946: hospital secretary 1968: the diplomat 1983: general manager 1992 CEO Why is morale so low.......... • accountability: breakdown of the implicit contract • loss clinical independence • job satisfaction Consultants are not what they used to be ...... in my day (as a trainee): • trainees did almost all operations • consultants popped in when there was something interesting happening • consultants were happy to start the last case and leave the trainee to finish off now, (as a consultant): • consultants are present for most major operative procedures • trainees pop in when there is something interesting happening • trainees are happy to start the last case and leave the consultant to finish off Why is morale so low.......... • accountability: breakdown of the implicit contract • loss clinical independence • job satisfaction • pay But consultants are well paid........ • £75,000 – £120,000 pa fulltime basic • gold plated generous pension • £3000 - £86,000 for ACCEA • £143, 717 average income London consultant (includes London weighting and on call supplement) ( for 30 hours clinical work / week) • more than an Old Bailey judge • more than a British Army General • more than Prime Minister Morale and the NHS - consider • • • • Specialists very poorly paid in UK UK losing much home grown talent 28% appointments last year qualified overseas Juniors pay also low compared to US and Europe particularly when cost of living considered Morale, manpower and the NHS How not to become a doctor in difficulty………….. 5 tips….. 1 Do nothing !!! Do nothing !!! Consider: • unnecessary surgery e.g. cholecystectomies / hernias • inappropriate surgery e.g. Tongue tie • waiting list initiatives (avarice) • “vomit”...........The incidentaloma • “ I can so I will “ 2 Check equipment before proceeding No 4 Go see the patient Tip 5 Communicate ! Number 5 Communicate ! • encourage mentoring • don’t hesitate to seek assistance • talk, chat, discuss, compliment, comment • double check (airline pilots) • be human If you don’t communicate you are not part of the team
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