A decade of clinical negligence in ophthalmology

Abstract Background To present an overview of the clinical negligence claims for ophthalmology in the National Health Service (NHS) in England from 1995 to 2006. To compare ophthalmic subspecialties with respect to claim numbers and payments. Methods All the claims on the NHS Litigation Authority database for ophthalmology for the period 1995 to 2006 were analysed. Claims were categorised by ophthalmic subspecialty, and subspecialties were ranked according to numbers of claims, total damages paid, average level of damages and paid:closed ratio (a measure of the likelihood of a claim resulting in payment of damages). Results There were 848 claims, 651 of which were closed. 46% of closed claims resulted in payment of damages. The total cost of damages over the period was £11 million. The mean level of damages was £37,100. Cataract made up the largest share of claims (31%), paediatric ophthalmology had the highest mean damages (£170,000), and claims related to glaucoma were most likely to result in payment of damages (64%). Conclusion Clinical negligence claims in ophthalmology in England are infrequent, but most ophthalmologists will face at least one in their career. Ophthalmic subspecialties show marked differences with regard to their litigation profiles. From a medical protection perspective, these results suggest that indemnity premiums should be tailored according to the subspecialty areas an ophthalmologist is involved in.</p

Consent for organ and tissue retention in british law in the light of the human tissue act 2004

The experience from the scandals in hospitals at Liverpool and Bristol in the UK where retention of tissue and organs was undertaken without the consent of the parents and relatives raised serious concerns regarding the efficacy of the existing Human Tissue Act 1961, in England and the operation of the law by medical practitioners. In the aftermath of these damaging scandals a combination of public distrust and government overreaction has led to the enactment of new legislation, the Human Tissue Act 2004, which is aiming to prevent any flirther instances of the retention of organs and tissue from dead children or adults without their next of kin's consent or knowledge. However, scientists have expressed concerns that such changes might seriously endanger several medical research programmes, and also tissue and organ donation for transplantation. The aim of this article is to highlight important issues raised by existing practice in the post-mortem examinations in the UK and the lessons learnt from this and to discuss the benefits and the potential problems arising from the new Act. © YOZMOT 2006

Ethical and legal aspects on the use of images and photographs in medical teaching and publication

The aim of the study was to investigate the legal and ethical concerns raised from the use of photographs and images in medical publication. A search in the pertinent literature was performed. It is of paramount importance that the patient's autonomy, privacy and confidentiality is respected. In all cases in which photographs and images contain identifiable information patient's consent for any potential use of this material is mandatory. Patients should be aware that with the evolution of electronic publication, once an image is published, there is no efficient control of its future misuse. Physicians and hospitals have a duty to use with confidentiality any material kept in the patient's medical records. Efforts should be made to anonymised images and photographs used in teaching and publication so that such information does not raise ethical and legal concerns. The procedures for using photographs and images in medical publication and teaching should respect the ethical principles and contain only anonymous information to avoid legal consequences. Continuous scrutiny and reform is required in order to adapt to the changing social and scientific environment. [Int Angiol 2010;29:376-9