Working in healthcare is a rewarding career, but also one that comes with its own challenges. Healthcare is a highly regulated profession, but even so, mistakes occur, and their consequences can be severe for both patients and your career.

This is why it’s important to make sure you have a Medical Defence Organisation (MDO) in your corner, to support you and guide you when things go wrong. Offering guidance, helping you understand and minimise mistakes and mishaps, and the impact that they can have on your practice.

So what can your MDO help you with and what should you do, if something like this happens? Some of the issues Medical Defence Shield (MDS) can support you with (depending on your membership plan) are:

Regulatory investigations (GMC/GDC/NMC/HCPC/other): If a complaint is made to your professional regulator, or you self-refer. These investigations are often lengthy and complex.

Patient complaints: These can lead to regulatory and internal investigations. 

Coroner’s Inquests and Fatal Accident Inquiries: When a patient dies and an inquest is held, you may be summoned as an “Interested Party” or asked to provide statements and testimonies.

Employment Disputes: Disciplinary hearings, grievances, or disputes over terms of service can be tough without dedicated legal representation and expert advice. MDS is the only Medical Defence Organisation that offers this service too.

Although in a limited way, criminal investigations: Allegations of a criminal nature, if arising from your professional duties.

Complaints and allegations from colleagues: They are not just unpleasant, they can undermine your career and affect your mental wellbeing.

And many more circumstances.

 

So, something has happened, what are my first steps?

When you face a professional challenge, your first actions are critical. The first thing to do, to make sure you are fully protected, is to contact your MDO immediately. 

As soon as you become aware of a potential issue, whether it’s a patient complaint, a doubt about a clinical decision (yours or someone else’s), an email asking you to attend a meeting with HR, a message from your regulator.. call or email MDS straight away, stating your membership number (it’s on all your membership documents and your membership card).

This is the single most important step you can take. Early advice can often prevent a minor issue from escalating into a serious regulatory or legal case, and early intervention, like in medical settings, has the best chances of success.

Speak to your MDO before you admit any liability. While it’s a natural instinct to apologise and offer an explanation when things don’t go as planned and you are confronted by someone asking for an explanation, doing so too early in the process can severely compromise your defence. If you are pressed, better to acknowledge the complaint, be empathetic but state that you need time to revisit the events before making any further comment.

Both before and after you speak to us, gather and save any document relevant to your concern, including your clinical records, correspondence, and notes, and provide a full and honest account of events to MDS from the outset. 

 

What will MDS do?

Once we receive your request for assistance, we swiftly gear into action to defend you.

Your call or email will be handled by one of our Case Managers, who will be your point of contact with us for the duration of your case, be it a quick piece of advice or a protracted and complex process. Your Case Manager will ask you a number of questions and take as much initial information from you as possible, to make sure that your request is directed to the most appropriate team.

Our in-house team will conduct an initial assessment based on your case, looking at it from all angles to identify any potential risks to yourself (both from a legal, medico-legal and employment viewpoint), and determine the best course of action.

Your assigned Lead Advisor will let you know what is our proposed way forward or advice, depending on your case. In more complex circumstances you might be invited to a call or meeting with our advisors to discuss your options. We can also handle all correspondence with the complainant, your employer, or the regulator or support you in your responses and requests. We always seek your authorisation before taking action.