A Medical Protection Society (MPS) survey of over 290 members in Scotland reveals that 81% believe the proposed new criminal sanctions for healthcare professionals who wilfully neglect or ill-treat patients will create a culture of fear and 75% believe doctors are currently fully accountable for errors that may happen.1
Of the 296 members surveyed, 67% believe the sanctions would push mistakes underground and only 6% believe it will improve patient safety in their workplace. In response to the Scottish Government’s recent consultation, MPS argues that the new sanctions are not justified and the government should instead improve the provision of support for healthcare professionals that can bring about genuine and long lasting change.2
Dr Rob Hendry, Medical Director at the Medical Protection Society, said “MPS strongly opposes the proposed legislation as we believe it is ill-considered, unnecessary and will add to the climate of fear amongst healthcare professionals.
“The current regulatory, disciplinary and criminal framework is already effective at ensuring doctors face the consequences of their actions and additional penalties are not needed.
“Of the healthcare professionals surveyed, 88% do not believe the new criminal offence will have a positive impact on the culture of their organisation, and we are concerned that this will undermine the much-needed open and transparent learning environment.
“Many elements of the proposals for a new offence lack justification and we urge the government to rethink.”
One respondent, who wishes to remain anonymous, said: “Sometimes things go wrong in healthcare, but we should take lessons from the airline industry and encourage an open, no blame culture to learn from mistakes. The threat of criminal investigation will only add to the culture of fear in hospitals, stop the reporting of mistakes and lead to the avoidance of high risk procedures."
“My performance is already closely monitored and heavily scrutinised via audits, appraisals and revalidation. I do not believe this will promote better patient care; but will only serve to increase anxiety if something does go wrong."
“The morale of staff is already falling, with only 50% saying they would recommend a friend work in their health board in the 2013 NHS Scotland survey. Doctors are leaving and the service is being propped up by locums and the private sector, and if these proposals go through I am in no doubt that many more doctors will consider leaving too.”
Further information
For further information or to interview Dr Rob Hendry please contact Kim Watson, Media Relations Manager at MPS on +44 207 399 1428 or email [email protected]
Notes to Editors
- MPS conducted a survey of members in Scotland to find out their views on the Government’s proposed new criminal sanctions for wilful neglect or ill-treatment of patients. The survey was live from 17 December 2014 – 4 January 2015 and received 296 responses.
- To read MPS’s response to the Scottish Government consultation on Proposals for an Offence of Wilful Neglect or Ill-treatment in Health and Social Care Settings click here.
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