Shared Insights: Supporting clinicians through investigations, complaints, claims and inquests
The second victim and supporting clinicians through investigations, complaints, claims and inquests.
These insights were shared at our fortnightly online forum for NHS professionals on 8 September 2020. To find out more please visit our Shared Insights hub.
The second victim and supporting clinicians through investigations, complaints, claims and inquests. Ed Pollard, a partner at Browne Jacobson specialising in healthcare, spoke with Miss Susie Hewitt MBE, Consultant in Emergency Medicine of University Hospitals of Derby and Burton NHS Foundation Trust, and Isobel Thistlethwaite, Head of Legal Services at Nottingham University Hospital NHS Trust about the impact of investigations on clinicians and how to support them through the process.
The Shared Insights were:
-
Although patients are the first and most obvious victims of medical mistakes healthcare workers who make the mistake need help too. They are “The Second Victims”.
It is important to understand and recognise that healthcare workers may suffer from an acute stress reaction and you will need to adapt your approach to get the best out of clinical witnesses and offer them more effective support. -
Refer to the Royal College of Emergency Medicine Guidance, Toolkit and Recommendations to support clinicians.
Encourage clinicians to talk to colleagues, family or close friends. The need for support after an error is normal. Some Trusts have set up peer to peer mentoring schemes to support clinicians through the investigation process.
Support the clinician to talk to the patient about the mistake and apologise – this is an important and positive step towards resolution for both patients and staff after a medical error and is encouraged by NHS Resolution in their guide to Saying Sorry. -
Encourage the use of reflection.
Facilitate just and fair learning culture and willingness to report errors. Formal arenas for discussion should facilitate detailed analysis and honest evaluation of errors. - When holding any kind of investigation meeting, ensure the purpose of meetings is clear, records are available in advance and witnesses have enough time to prepare and the chair is experienced and sets the tone of the meeting. Think about the language you use and the impact of your correspondence on witnesses.
- It is important to strike a balance by adopting an approach that is as supportive as possible of the clinician and patient, considers individual accountability but does not leave witnesses feeling unsupported and blamed. HSIB is currently preparing a national learning report to explore how NHS staff are supported by Trusts following a patient safety incident, with a focus on best practice.
Speaker
Ed Pollard
Partner
Shared Insights
Our fortnightly online NHS forum for industry professionals.
Nicola Evans
Partner
Nicola.Evans@brownejacobson.com
+44 (0)330 045 2962
You may be interested in...
Opinion - Maternity services
University Hospital Leicester hold their inaugural Maternity Safety Conference
In Person Event
Navigating your way through high profile sensitive reviews and investigations
Opinion
Junior doctors vote unanimously in favour of strike action
Opinion
Can toilet facilities amount to sex discrimination?
Published Article
Digital Twin Technologies: key legal contractual considerations
Opinion
Consultation launched on minimum ambulance service levels during strike action
Opinion - Maternity services
Changes to redundancy protections for employees post-maternity leave
Legal Update - Shared Insights
Shared Insights: Coroners’ Question Time
Press Release - Careers
Browne Jacobson health lawyer wins major accolade at Made in Manchester Awards
Opinion
BMA issues medical locum rate card for junior doctors
Legal Update
Employee who refused to wear a face mask fairly dismissed
Opinion
New toolkit to support safer recruitment in the care sector
Legal Update
Green Leases for the NHS
Guide
Government response to the consultation on the Higher-Risk Buildings Regulations
Legal Update
Public matters - January 2023
Published Article
The first 100 days for Integrated Care Boards
Opinion
Menopause and the workplace
On-Demand
Future of Care - Retirement Living webinar
In Person Event
Independent Healthcare In-House Lawyers Forum
Opinion
Government introduces new “anti-striking laws” to be discussed in Parliament
Press Release - Maternity services
Father Christmas comes to University Hospital Coventry and Warwickshire care of Browne Jacobson’s Birmingham Office Community Action Group
Opinion - Maternity services
The Patient Safety Incident Response Framework (PSIRF) and its impact on maternity services
Legal Update - Shared Insights
Shared Insights: Looking ahead to 2023 – what Health and Care employers need to know
Opinion
Coroner’s refusal to issue a Prevention of Future Deaths Report following death in prison custody inquest was lawful
Article
Mental health, eating disorders and placement of young people
Legal Update
LPS consultation and ‘go live’ planning
Opinion
Consultation launched on plans to amend NHS pension rules to bolster NHS workforce
Legal Update
Getting ready to face Industrial Action
Legal Update - Shared Insights
Shared Insights: Prolonged disorders of consciousness
Published Article
How AI and technology can transform the healthcare sector
On-Demand
The UK's green agenda - the outcomes of COP27 and actions since COP26
On-Demand
Insights from the Chief Coroner by His Honour Judge Thomas Teague, KC
Opinion
BMA advises consultants not to accept less than the BMA minimum rate card for extra-contractual work
The BMA is advising all NHS / HSCNI consultants to ensure extra-contractual work is paid at the BMA minimum recommended rate and to decline offers of extra-contractual work that doesn't value them appropriately.
On-Demand
Leadership and lessons learnt during the Pandemic by Professor Jonathan Van-Tam
Published Article
Local authority duties: Up in the air
In ‘failure to remove’ claims, the claimant alleges abuse in the family home and asserts that the local authority should have known about the abuse and/or that they should have removed the claimant from the family home and into care earlier.
Legal Update - Shared Insights
Shared Insights: The Patient Safety Incident Response Framework
Guide - Maternity services
Mediation guide for Clinicians: What do you need to know and how do you need to prepare
Opinion
NHS England – Updated Transaction Guidance
NHS England has published (October 2022) new guidance - Assuring and supporting complex change: Statutory transactions, including mergers and acquisitions.
Opinion
NHS England – Assuring and supporting complex change
NHS England has issued an updated (publication 11 October 2022) suite of Complex Change guidance about how it will assure and support proposals for complex change that are reportable to it. New and (where it is still in force) existing Complex Change guidance are as follows.
Legal Update
The Retained EU Law
Created at the end of the Brexit transition period, Retained EU Law is a category of domestic law that consists of EU-derived legislation retained in our domestic legal framework by the European Union (Withdrawal) Act 2018. This was never intended to be a permanent arrangement as parliament promised to deal with retained EU law through the Retained EU Law (Revocation and Reform) Bill (the “Bill”).