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Could A Language Barrier Result In More Medical Negligence Claims?

The UK is desperately short of medical expertise. Qualified and experienced nurses and doctors are highly sought after, but graduates are often reluctant to join the NHS because of the proportionally low wages and often difficult working conditions. To make up the shortfall, the NHS and other health care operators have adopted a policy of employing locums and nurses whose first language may not be English. But this is raising concerns amongst some quarters that the language barrier may cause problems and even in some extreme cases lead to medical negligence claims being brought against foreign medical staff and the health authorities they work for.

The General Medical Council is taking this issue very seriously and has been calling for new powers that will allow them to test the language skills and clinical competence of European doctors in particular. The issue has been highlighted following the death of a pensioner in Cambridgeshire after he was given a fatal dose of morphine by a German locum who was unfamiliar with the patient or the drug involved.

The doctor has since denied the accusations but is being prosecuted for manslaughter and gross negligence in his home country.

Greater Powers To Test New Doctors

Under current EU regulations, foreign nationals who wish to practice medicine in the UK cannot be forced to sit additional tests on their language and clinical skills before registering in the UK to practice. However, after a spate of headline grabbing cases in which European doctors and nurses have been held accountable for medical negligence claims, 25 other European countries have agreed with the GMC’s findings. They have signed a joint statement calling for the GMC to have greater powers to test both language and clinical competence skills of foreign doctors who wish to practice in other countries.

They are also calling for a new system that will allow countries to share information about doctors and nurses that they have concerns with. Currently, there are only voluntary agreements in place to encourage this exchange of information.

Patient Safety Paramount

This issue is not a matter of race. The GMC believes that patient safety must be paramount over the free movement of labour throughout Europe and that medical staff must have both the clinical expertise and the appropriate language skills to practice in other countries. The coalition government is taking the advice of the GMC under serious consideration and is co-operating with counterparts in Europe to reduce the number of medical negligence claims that result from poor language skills or a deficiency in clinical skills. The current EU directive is due to be reviewed in 2012.

At the moment, it is up to the individual health authorities to check that any foreign nationals working for them have the right language skills in particular to practice in the UK. However, because of the low priority this issue is often given, there are wide variations across the UK as to how well many doctors and nurses can communicate with patients and even their familiarity with what would be regarded as commonly used drugs and procedures in this country. It is hoped that the review in 2012 and the pressure being put on governments across Europe to regulate this issue more closely will result in a drop in the number of patients suffering medical negligence because of a lack of knowledge or communications skills.

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FREE GUIDE - 7 Questions You Must Ask Before Choosing Your Medical Negligence Solicitor

If you believe you have been the victim of an act of medical or clinical negligence you need our free guide which answers all of the questions that you need answers to before deciding to make a claim, including:

• What are the costs of making a claim for compensation
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• The questions you must ask to ensure you choose the right person to help you with your claim

Before you take any further action, take five minutes to read our free guide so that when you do pick up the telephone or fill in an online enquiry form, you know exactly the questions you need to ask to find the right medical negligence claim solicitor for you.

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