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Relief Doctors And Medical Negligence!

Relief doctors - is a foreign passport an escape route from medical negligence claims?

The death of a UK patient through medical negligence on the part of a German locum GP has prompted a review of the way out of hours services are run, as well as a review of the freedom of labour movement rules as laid down by the European Commission.

Suffering from renal colic, 70 year-old David Gray was treated at his home by Dr Daniel Ubani. In a mistake that was described as ‘serious misconduct’ by a medical disciplinary panel, Ubani administered ten times the required dose of the painkiller diamorphine, resulting in Mr. Gray’s death. Ubani said that he had been under ‘tremendous stress’ and had confused the drug with another. However, further reports revealed that he treated two other patients inappropriately in 2009, in what was his first professional engagement in the UK. Although he was able to convince the medical panel that he had not acted with intent, Ubani was struck off from the UK’s medical register. In addition, in his native Germany, where he is better known as a cosmetic surgeon, Dr. Ubani was found guilty of killing Mr. Gray, but is still allowed to treat patients.

As a result of this case, the European Commission now seems more willing to listen to complaints from the UK’s General Medical Council (GMC) about the free movement of labour within the European Union. The GMC argues that the current rules are not stringent enough and could be putting patients’ lives at risk.

As the rules stand, the GMC must accept qualifications from within the European Union and it is up to employers to assess the competency of individuals. The GMC is calling for a greater level of the exchange of information between European health authorities, so that any instances of malpractice or medical negligence are highlighted before a medical professional is employed in another country. In addition, the GMC wants to introduce tighter regulations surrounding linguistics; the two other patients treated by Dr. Ubani claimed that his command of English was a major factor in their mistreatment. The inquest into Mr. Gray’s death revealed that he had previously been rejected for employment by the Leeds Primary Care Trust after failing a language test.

Interestingly, while Mr. Gray’s family have accepted a settlement of around £40,000, the sources from which it has been paid have to remain confidential as part of the pay-out. While the GMC has the power to ensure that Dr. Ubani never works in the UK again, it is unclear as to whom they have the power to recover compensation payouts from. However, what is clear is that someone has accepted responsibility for the doctor’s actions and has made a settlement. The reviews of the current EU rulings are likely to include an investigation into the legal aspects of achieving compensation from a foreign medical professional working on British soil. The new regulations should make it much easier for victims to seek financial redress and serve as a stark warning to those who think that a passport is an escape from the responsibilities of their actions.

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