Standards of Care: Medico-Legal Responsibilities

Abstract

The threat of clinical negligence litigation remains a fear for all practising doctors and there has been a steady rise in the number of claims for negligence against GPs in recent years. Doctors have a statutory duty placed upon them to maintain and continuously improve clinical standards through clinical governance. Despite this, standards sometimes fall short and patients may turn to the courts for redress. The legal standard of care is currently a professionally based standard determined by the evidence provided by expert witnesses. The adoption of evidence-based guidelines in clinical practice has been increasing which helps to standardize care and reduce geographic variation. There may be a role for the use of guidelines in determining the legal standard of care, which could improve health care quality and reduce harm to patients.