
I trained to treat people. Turns out I also had to know the law.
Here's what that moment looked like for two junior doctors
The moment I realised medico-legal risk is real was when I was asked to act independently as an intern. This included being asked to have Acute Resuscitation Plan (ARP) discussions and update ARPs, consent for surgeries and complete forms to enact the Guardianship Act. Not being clear on what is legally within my scope of practice as an intern meant that I felt pressured multiple times by superiors to complete legal forms that I didn't have the authority to do.
Thankfully, after clarifying with our supervisors, these were all close calls, as once I clarified my scope of practice, I could stand up for myself when I was asked in the future. I think it surprised me how often it happens that interns are asked to do something they're not allowed to do and pressured to do it as if it's a laziness issue, not a legal one. The moral of the story is - know your scope of practice and stand up for yourself!
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The real ‘click’ moment I had would have been in the setting of an elderly patient who had lost capacity for making decisions. During ward rounds, the patient presented cognitively well and stated that she wished her son to have control of her finances. On this first review, I was unaware the patient did not have capacity to make such decisions. I did not act on her request, as I read through documentation that established an existing government enduring power of attorney from many years ago, where her wishes had been documented, and various family members all had financial interests with her money. This was appropriately managed by the lovely social work team. But if someone were to have done so, this could have dire implications for the patient's finances.
"The lesson in both stories
Neither of these is a story about a mistake, but rather doctors who took a moment to pause instead of going along with what was asked. As a doctor, you're not expected to know every law relating to medicine from the moment you start work, but it's important to know where your scope ends, and when to stop and ask.
The medico-legal matters junior doctors struggle with most
Avant's medico-legal advisers take around 1,800* calls a year from junior doctors, and most aren't about a mistake. Subpoenas, a patient complaint, wording a coronial statement and supervisor disputes are some of the matters we have helped junior doctors with.
If you find yourself in a curly situation like these, remember to call early. Members who call before things escalate have a much easier time than those who leave it too late.
Why medical indemnity still matters while you're training
If something goes wrong with a patient's care, your training hospital may bear responsibility. However, junior doctors can still find themselves dealing with complaints, investigations and other medico-legal matters. Medical indemnity cover can help you with other matters, for which you can get free, independent expert advice. These situations that have nothing to do with clinical skill, but with being early in your career in a system that expects a lot of you.
Learn more about our Medico-legal Advisory Service.
*Based on Avant analysis of medico-legal advice requests from hospital-based early career doctors. For further information, see Hospital-based early career doctors claims insights
The information in this publication does not constitute legal, financial, medical or other professional advice and should not be relied upon as such. It is intended only to provide a summary and general overview on matters of interest and it is not intended to be comprehensive. Persons implementing any recommendations contained in this publication must exercise their own independent skill or judgement and seek appropriate professional advice relevant to their own particular circumstances. Compliance with any recommendations will not in any way guarantee discharge of the duty of care owed to patients and others coming into contact with the health professional or practice. Avant and its related entities are not responsible to any person for any loss suffered in connection with the use of this information. Information is only current at the date initially published.