CASEBOOK - Medical Protection ...

Page created by Harold Peterson
 
CONTINUE READING
CASEBOOK - Medical Protection ...
NZ                  Professional support and expert advice
                    from your leading medicolegal journal

                    CASEBOOK
VOLUME 24 ISSUE 1
MAY 2016

 This issue…
 FROM THE CASE
 FILES                                                 ACHIEVING SAFER
                                                       AND RELIABLE
 Our latest collection
 of case reports

 RISK ALERT –
 MEDICATION
 ERRORS
                                                       PRACTICE
 AND SAFER
 PRESCRIBING                                           IMPROVE YOUR SAFETY
 Common problem                                        AND QUALITY WITH OUR
                                                       NEW WORKSHOP
 areas in prescribing

 A FAMILY MATTER
 The risks of treating                                 PAGE 6
 friends and family
CASEBOOK - Medical Protection ...
MORE THAN DEFENCE

More support for your
professional development

E-LEARNING
DEVELOP YOUR SKILLS                           97%
AT A TIME AND A PLACE                         OF USERS WOULD

TO SUIT YOU.                                  RECOMMEND

    PODCASTS

    CASE REPORTS
                                  Medical Records
    INTERACTIVE
    MODULES                       Medication Errors and
                                  Safer Prescribing
                                  Professionalism and
                                  Ethics
                 NEW NT
                 CONTE
                 FOR
                  2016

SIGN UP TODAY                           FREE TO EARN
medicalprotection.org/elearning         MEMBERS CPD
elearning@medicalprotection.org
                                                               2291/GEN: 04/16
CASEBOOK - Medical Protection ...
FEATURES

    WHAT’S INSIDE…
                                                                                 06 Achieving safer and reliable practice
                                                                                 Medical Protection’s Dr Suzy Jordache and Sam McCaffrey look
                                                                                 at how a new workshop for members is making for a more reliable
                                                                                 healthcare experience.

                                                                                 08 A family matter
                                                                                 Medical Protection’s Pippa Weeks examines the legal and ethical
                                                                                 considerations of treating friends and family.

                                                                                 09 M
                                                                                     edical professionals and the Vulnerable
                                                                                    Children Act
                                                                                 New safety checks on workers who have regular contact with
                                                                                 children have started to be phased in. Victoria Knell, Senior Solicitor
                                                                                 at DLA Piper, explains what this means for medical professionals.

                                                                                 FACTS AND OPINION

                                                                                 04 Welcome
                                                                                 Dr Marika Davies, our new Editor-in-Chief of Casebook, comments on
                                                                                 some topical issues affecting healthcare.

                                                                                 05 R
                                                                                     isk alert – medication errors and
                                                                                    safer prescribing
                                                                                 Medical Protection Clinical Risk Facilitator Dr David Coombs
                                                                                 examines two cases that demonstrate common risks associated with
                                                                                 prescribing.

                                                                                 11 From the case files
CASE REPORTS                             Every issue...                          Dr Richard Stacey, Senior Medicolegal Adviser, looks at what can be
                                                                                 learned from this edition’s collection of case reports.
12 Missed meningitis
13 Problematic anaesthetic               25 Over to you
14 Failure to follow specialist advice   A sounding board for you,
15 Undescended testis                    the reader – what did you
                                         think about the last issue of
16 Diagnosing pneumonia out of hours    Casebook? All comments
18 T
    ragic outcomes don’t always         and suggestions welcome.
                                                                                 Opinions expressed herein are those of the authors.
   equal negligence                                                              Pictures should not be relied upon as accurate

19 Stretch marks and steroids            26 Reviews                              representations of clinical situations. © The Medical
                                                                                 Protection Society Limited 2016. All rights are reserved.

20 Lost opportunity                      In this issue we review two
                                                                                 ISSN 1740 4409
                                                                                 Casebook is designed and produced twice a year by the
21 D
    ifficult matters of opinion         books on topical subjects.              Communications Department of the Medical Protection
                                                                                 Society (MPS). Regional editions of each issue are mailed
   and recall                                                                    to all MPS members worldwide.

22 Failure to diagnose pre-eclampsia                                             GLOBE (logo) (series of 6)® is a registered UK trade mark in
                                                                                 the name of The Medical Protection Society Limited.
23 If it is not recorded…                                                        MPS is not an insurance company. All the benefits of
                                                                                 membership of MPS are discretionary as set out in the
24 O
    ne in the eye for spurious                                                  Memorandum and Articles of Association. MPS is a
                                                                                 registered trademark and ‘Medical Protection’ is a trading
   litigation                                                                    name of MPS.
                                                                                 Cover: © Chunumunu/iStock/thinkstockphotos.co.uk

    Get the most from                      Visit our website for publications,
                                           news, events and other information:
    your membership…                       medicalprotection.org
CASEBOOK - Medical Protection ...
EDITORIAL TEAM
                                                                       WELCOME
  Dr Marika Davies                      Sam McCaffrey
  EDITOR-IN-CHIEF                       EDITOR
                                                                         Dr Marika Davies
                                                                         EDITOR-IN-CHIEF
  Rebecca Imrie
  EDITORIAL CONSULTANT

                                                                          I
                                                                                am delighted to welcome you to this latest edition
                                                                                of Casebook and my first as Editor-in-Chief. I would
EDITORIAL BOARD                                                                 like to express my thanks to my predecessor, Dr
Dr Muiris Houston, Mark Jordan, Dr Gordon McDavid, Shelley McNicol,   Nick Clements. For many years Nick has made an enormous
Dr Sonya McCullough, Dr Jayne Molodynski, Dr Clare Redmond,           contribution to both Casebook and to the work we do on behalf
Antony Timlin, Dr Richard Vautrey                                     of members, and his considerable knowledge and experience
                                                                      have been invaluable resources. Fortunately he has not gone
                                                                      far, and we wish him all the best in his new role within Medical
PRODUCTION                                                            Protection.
Philip Walker, Production Manager
Allison Forbes, Lucy Wilson, and Spiral, Design                       Having been a medicolegal adviser at Medical Protection for
Southern Colour, Print                                                over 12 years I have had the privilege to advise and assist many
                                                                      doctors going through difficulties in their professional lives. I am
                                                                      very aware of the stress and anxiety that doctors experience
CASE REPORT WRITERS                                                   when they are the subject of criticism or an investigation,
                                                                      and the impact this can have on them both personally and
                                                                      professionally. Helping doctors to avoid such difficulties in the
  Dr John P Adams                       Dr Rachel Birch               first place through education and awareness of risk is one of
                                                                      the key aims of Casebook, and I hope to continue the tradition
                                                                      of publishing informative, educational articles and case reports
                                                                      that help to improve practice and prompt discussion.
  Dr Anna Fox                           Dr Bobby Nicholas
                                                                      As part of our commitment to education we have launched a
                                                                      new workshop in New Zealand on ‘Achieving safer and reliable
                                                                      practice’, to help members lower their risk. On page 6 we take
  Dr Janet Page                         Prof Carol Seymour            a look at what the workshop involves and provide some hints
                                                                      and tips on achieving safer practice.

                                                                      Treating friends and family may seem convenient, but can be
                                                                      fraught with difficulties. We examine the issue on page 8.

                                                                      The case reports in this edition have a particular focus on
                                                                      conditions that can lead to lead to difficulty. While some of
                                                                      these medical conditions may not be that common, they can
                                                                      lead to significant disabilities for the patient, unless diagnosed
                                                                      early and appropriate action taken. One of the challenges
                                                                      for clinicians is identifying those patients that require further
                                                                      investigation in order to establish or rule out serious underlying
                                                                      pathology. As the cases demonstrate, good documentation is
                                                                      essential in order to justify your clinical decisions if there is an
                                                                      adverse outcome.

                                                                      I hope you enjoy this edition. We welcome all feedback, so
Please address all correspondence to:
                                                                      please do contact us with your comments or if you have any
                                                                      ideas for topics you’d like us to cover.
Casebook editor
Medical Protection Society
                                                                      Dr Marika Davies
Victoria House
                                                                      Casebook Editor-in-Chief
2-3 Victoria Place
                                                                      marika.davies@medicalprotection.org
Leeds LS11 5AE
United Kingdom

casebook@medicalprotection.org
CASEBOOK - Medical Protection ...
FEATURE

RISK ALERT
MEDICATION ERRORS AND SAFER PRESCRIBING
GP and Medical Protection Clinical Risk Facilitator Dr David Coombs examines two cases
that demonstrate common risks associated with prescribing

  P
          rescribing is one of the greatest       been coded as “medication review done”. He           A significant event analysis at the practice
          risk areas for all clinicians and       had initially been prescribed hydrocortisone         revealed that Dr D had not accessed the
          can be particularly hazardous for       1% ointment for his face but had stopped             patient notes before giving advice. There was
the inexperienced doctor. It is fraught with      ordering this as well as his emollients when         nothing in the clinical notes to record the
potential pitfalls, ranging from transcription    he found the stronger steroid more effective.        discussion between the nurse and Dr D.
errors and inadvertent dosage mistakes to         The prescriptions for fluocinolone cream had
overlooked drug interactions, allergies and       simply stated “apply twice daily”.                   LEARNING POINTS
side effects, the consequences of which may                                                            • Distractions and interruptions are a
be profound both for the patient and the          LEARNING POINTS                                        common cause of error.
prescriber.                                       • A change of GP practice is a good
                                                    opportunity to review all medication.              • A study in the UK has shown that
It is imperative that you have a good                                                                    vaccination errors are one of the most
knowledge of the pharmacology and the             • Medication reviews should encompass                  frequently reported medication safety
legislation surrounding drugs, and any              all items.                                           incidents reported in primary care1.
protocols and controlled drug routines that
apply within your workplace – if unsure, ask.     • Include relevant information on the                • When prescribing or giving advice about
                                                    prescription, such as the problem being              a new or unfamiliar drug, be prepared
To help members control their prescribing           treated and any monitoring requirements.             to look up information on your clinical
risks Medical Protection has developed a new        This will appear on the label once the               record system, in a formulary or in specific
online module on the subject, which can be          medication is dispensed and may improve              guidelines as appropriate.
found on our e-learning platform, Prism.            adherence to treatment. For example,
                                                    “apply twice daily to body, arms and legs for      • Make contemporaneous records of all
Below are two case reports highlighting some        severe eczema only”.                                 contacts/discussions with colleagues
common potential hazards.                                                                                about patients.
                                                  • Consider restricting the number of issues
 CASE 1                                             allowable for certain drugs, such as potent        • Administration of a routine vaccination
                                                    topical steroids, before a review.                   is not urgent and, although inconvenient
Mr A registered with a new GP practice and                                                               for the patient, it may be safer to rebook,
requested a repeat prescription for his regular   • In some cases it may be preferable not               allowing time to check facts – particularly
medication, which included fluocinolone             to add as repeat prescription until clear            if, as here, the patient had a short
0.025% cream (a potent topical steroid). He         that the condition is responding as                  appointment earmarked just for the flu
was asked to attend for a GP appointment            expected.                                            vaccination.
with Dr B, who immediately noticed the
patient’s “bright red shiny face”. Mr A           • Consider the use of patient information               REFERENCES

explained that he had suffered from asthma          leaflets to explain the management of                 1. National Reporting and Learning System. NPSA.
                                                                                                             Medication Incidents in Primary Care. Quarterly Data
and eczema for many years and that he had           chronic conditions more clearly.                         summary issue 7 2008. National Patient Safety Agency
started using the fluocinolone on his face
about two years earlier when his eczema had        CASE 2                                                 The cases mentioned in this article are fictional and are
                                                                                                          used purely for illustrative purposes.
been bad. Although the eczema on his body
and limbs had cleared up, he found that as        Mr C was on long-term immunosuppressive
soon as he stopped using the steroid on his       treatment when he visited his general
face it became very uncomfortable, so he          practice for his annual flu vaccine. He asked           To take part in the Medical Protection
continued to use it.                              if he could also be given the new shingles              Medication Errors and Safer
                                                  vaccine. The nurse said he was not sure and             Prescribing e-learning module and
Dr B discussed the risks of continuing to use     would check with one of the GPs. He waited
the potent steroid on his face and referred       outside one of the consulting rooms and
                                                                                                          help lower your prescribing risk, visit:
him to a local dermatologist who initiated a      quickly popped in between patients. Dr D
regime to reduce gradually the strength of        was already running behind with her surgery             medicalprotection.org
topical steroid used on the face. After four      and after a brief thought said, “Yes, that
months Mr A found he no longer needed to          would be fine.”                                         and click on the e-learning link.
use any topical steroid on his face.
                                                  Mr C was given the vaccine and unfortunately
Discussion with Mr A and review of his            developed an atypical herpes zoster
records revealed that although he had             infection. A few months later a complaint and
attended for reviews at his previous GP, these    subsequently a claim were made against the
had been at the asthma clinic. His records had    GP practice.

                                                                                    CASEBOOK | VOLUME 24 ISSUE 1 | MAY 2016 | medicalprotection.org                   5
CASEBOOK - Medical Protection ...
FEATURE

ACHIEVING SAFER AND
RELIABLE PRACTICE
Medical Protection’s Dr Suzy Jordache and Sam McCaffrey look
at how a new workshop for members is making for a more reliable
healthcare experience
                                                   WHAT LEVEL IS ACHIEVABLE?
  S
          afe healthcare requires both the                                                             Processes and systems
          expert knowledge and technical           Research suggests that implementation rates         Inadequate:
          skill of healthcare professionals as     in healthcare for standard procedures that
well as reliable delivery and application of       impact on patient safety are between 50%            • Structured decisional support and
that knowledge and skill.                          and 70%, or >10-1.                                    checking tools.

In the new Medical Protection workshop,            Other industries such as aviation and nuclear       • Measurement, feedback and
Achieving Safer and Reliable Practice,             power have achieved reliability levels of             accountability mechanisms.
reliability is defined as minimal unwanted         10-6 in critical processes. In healthcare,
variability in the care we have determined         anaesthetics has been successful in achieving       • Briefing and simulation.
our patients should receive. Any figure below      this level of reliability during the induction of
80% reliability would be termed ‘chaos’            anaesthesia. This and other reliable practices,     • Environmental design and control.
in other safety critical sectors, and yet in       such as blood transfusions and pathology
healthcare we regularly report ‘success’           labelling, can inspire and lead the way for         • Equipment design.
rates of 80% or lower. For example, the            all of us, whether practising in primary or
latest national data1 is that in October 2015      secondary care.                                     ALWAYS CHECKING
DHBs reached and sustained handwashing                                                                 In order to mitigate the risks from these
rates at or above 80%.                             HUMAN FACTORS                                       factors Medical Protection advocates the
                                                   The science of human factors examines the           AlwaysChecking™ approach, which offers
Examples of the variation in reliability in        relationship between people and the systems         five manageable, evidence-based steps to
healthcare are readily available. In New           with which they interact, with the goal of          raise reliability in any healthcare setting:
Zealand the Health Quality and Safety              minimising errors. In healthcare, human
Commission’s Atlas of Healthcare Variation2        factors knowledge can help design processes
has many examples of variation between             that make it easier for doctors and nurses to
DHB regions in everything from post-               do the job correctly.
operative infection, tonsillectomy rates and                                                            Moving to 10-2
medication after cardiac events to glycaemic       Some of the factors that have been identified        The MPS AlwaysChecking™ approach
control for diabetes. In the NHS the Health        as having the potential to impede human
Foundation’s report in 20103 found that in         performance include:
nearly one in five operations equipment was                                                              Principle             Strategy
faulty, missing or used incorrectly; around        People                                                We always check:
one in seven prescriptions for hospital            • Perceptual deficits under stress.
inpatients contained an error; and full clinical                                                         each other and
information was not available at just under        • Fatigue;                                            welcome being         Speaking up
one in seven outpatient appointments.                                                                    checked
The report also commented on the wide                • physical,
variations in reliability between and within         • decisional.                                       what we’ve agreed
                                                                                                                               Checklists
organisations.                                                                                           should be done
                                                   • Poor interpersonal communication;
HOW RELIABILITY IS QUANTIFIED                                                                            message sent is       Repeatback/
Reliability is often expressed in terms of           • transmission/reception,                           message received      Readback
failure rate as a power of 10. For example,          • challenge.
a procedure that is reliable nine times out                                                              we know how to        Briefing and
of ten fails 10% of the time, or has 10-1          • Poor understanding of the nature of                 work together         Simulation
reliability. A procedure that fails 20% of the       human error;
time has a reliability of >10-1.                                                                         always means          Measurement and
                                                     • causes,                                           always                Accountability
Systems that fall below 10-1 reliability are         • extent,
generally considered ‘chaotic’.                      • the weakness of 10-1 strategies in
                                                       prevention.

  6
CASEBOOK - Medical Protection ...
FEATURE

Perhaps the most important strategy              It resulted in the infection rate falling from
is that of ‘speaking up’ – safe cultures         11.3/1000 to 0/1000 catheter days, as
                                                                                                                    Example: Handwashing
train and insist on respectful assertive
communication. In healthcare, we often find
                                                 well as 43 infections and eight deaths
                                                 being prevented.
                                                                                                                    programme
that following an error, one member of the
team had ‘seen it coming’ but felt unable to     The workshop includes a guide on how to
                                                                                                                         Year          Handwashing Rate
say anything. There are complex reasons for      develop effective checklists and implement
this and simple steps by individual clinicians   them in organisations.
                                                                                                                         2009                   58%
can transform safety.
                                                 MEASUREMENT AND                                                         2010                   80%
Speaking up is only possible in a culture        ACCOUNTABILITY
that accepts that everyone will make             Another key aspect of the AlwaysChecking™                               2011                   92%
mistakes. In many teams the perceived            approach is “Measurement and
negative consequences of speaking up can         Accountability”. Within many organisations
be greater than those of not speaking up.        and teams there will be some clinicians who                        • 30% reduction in serious hospital
Explicitly telling others of your expectation    do not conform to agreed safety procedures.                          infections.
that they will speak up and ‘have your back’     Allowing ‘special rules’ for some is toxic and
and thanking anyone who challenges you –         can sabotage success.                                              • Estimated annual net savings of
especially when they are wrong – can help                                                                             US$4.5m.
change this perception.                          Challenging these individuals can be difficult,
                                                 but without doing so high reliability and                          • Tenfold reduction in ICU central line
Engaging with those in your team who are         safety cannot be achieved. The success story                         infection rate (now one quarter of
reluctant to speak up is also essential. This    from Vanderbilt University Hospital system                           national benchmark).
may require training to ensure that the          in the USA demonstrates the importance of                          Vanderbilt U.M.C
necessary skills are taught and learnt.          measurement, feedback and accountability5
                                                 – highlighting the power of insisting that
CHECKLISTS                                       “always means always” around handwashing
The use of checklists in healthcare has
been demonstrated in numerous studies to         The results achieved in 2009 (>10-1) were
improve reliability and outcomes for patients,   achieved using strategies based on individual
yet they are still resisted by some in the       memory, diligence and vigilance. In 2010 the
profession and are often hotly debated during    centre moved to a detailed monitoring and
the workshop.                                    individualised clinician and team benchmark
                                                 feedback process, leading to 10-1 levels
Some of the benefits of using a checklist:       of reliability.

• Reduce cognitive work.                         Since 2011 the level of compliance has been
                                                 maintained (and even increased again) to 10-2.
• Facilitate concentration on first order        The benefits to patients, in terms of morbidity
  concerns.                                      and mortality reduction, along with the
                                                 economic benefits to the hospital and the
• Critical in preventing “never events”.         decreased risk of complaint and claim for the
                                                 clinicians employed by Vanderbilt, are a
• Change the culture of a team;                  testament to the value of measurement and
                                                 accountability in achieving 10-2 reliability.
  • validate the importance of a safe
    process,
  • empower team members to challenge.

In one example the successful                    REFERENCES
implementation of a checklist saved lives
                                                 1. Hand Hygiene New Zealand National Hand Hygiene
and millions of dollars by eliminating central

                                                                                                                      WORKSHOP
                                                    Performance Report 1 July 2015 to 31 October 2015,
venous line infections4.                            Health Quality and Safety Commission
                                                 2. Health Quality & Safety Commission | Atlas of Healthcare
                                                    Variation. Available at: hqsc.govt.nz/our-programmes/
The intervention involved the education of          health-quality-evaluation/projects/atlas-of-healthcare-
staff, creating a dedicated catheter insertion      variation/ [Accessed February 22, 2016]                           To book your place on a workshop, visit
                                                 3. The Health Foundation, How Safe are Clinical Systems?
cart, daily assessment as to whether                Primary research into the reliability of systems within seven     medicalprotection.org and click on
catheters could be removed, implementing a          NHS organisations and ideas for improvement. May 2010             ‘Education and Events’.
                                                 4. Berenholtz S et al, Elminating catheter-related bloodstream
checklist to ensure guidelines for preventing       infections in the intensive care unit, Crit Care Med
infections were followed, and training and          32(10:2014-2020 (2004)
                                                 5. Vanderbilt University Medical Centre, VUMC HH Program
empowering nurses to challenge colleagues           Observer Recognition Nov 2012 [Powerpoint slides],
if they were not following the checklist.           VUMC (2012) Available: mc.vanderbilt.edu/documents/
                                                    handhygiene

                                                                                             CASEBOOK | VOLUME 24 ISSUE 1 | MAY 2016 | medicalprotection.org   7
CASEBOOK - Medical Protection ...
FEATURE

A FAMILY MATTER
MEDICAL PROTECTION’S PIPPA WEEKS EXAMINES THE LEGAL AND
ETHICAL CONSIDERATIONS OF TREATING FRIENDS AND FAMILY

   E
          very doctor has probably faced         intimate examinations, and the patient may
          the dilemma where someone              not feel comfortable disclosing intimate or
          they know asks for their medical       embarrassing issues to close relations. If the
advice. Sometimes it is an informal comment      patient is then likely to attend a separate
they are seeking, and sometimes it is a more     GP as well, the risk of disjointed care and
serious commitment. Either way, doctors          incomplete records becomes significant.                                  CASE STUDY
should be aware of the Medical Council of
New Zealand’s (MCNZ) guidance that says          The patient may also feel unable to refuse                               Dr E’s colleague told him he was
you should avoid treating anyone with whom       treatment, or to seek an alternative opinion.                            feeling low but didn’t feel able
you have a close personal relationship.          These issues are particularly true for children                          to talk to his GP or anyone else
                                                 or young people, who may not wish their                                  about it. Reluctantly, Dr E agreed
THE GUIDANCE                                     relations to know details of their lives and                             to prescribe him a course of anti-
The MCNZ has published a statement on            who are not able to seek alternatives.                                   depressants. The colleague’s mood
providing care to “those close to you”. It                                                                                improved and, when he was due to
states: “The Medical Council recognises that     Maintaining trust and a confidential                                     move jobs, he reassured Dr E that
there are some situations where treatment        relationship between doctor and patient                                  he would be fine and would seek
of those close to you may occur but this         becomes significantly challenging when the                               medical care elsewhere. A few
should only occur when overall management        doctor and the patient belong to the same                                weeks later Dr E was devastated to
of patient care is being monitored by an         family or group. For example, a father who is                            hear that his former colleague had
independent practitioner. Wherever possible      doctor to his daughter may feel pressured to                             attempted suicide. The colleague’s
doctors should avoid treating people with        discuss her health with her mother. Although                             partner reported Dr E to the MCNZ.
whom they have a personal relationship           doctors might feel that this could never                                 Dr E sought assistance from Medical
rather than a professional relationship.         happen to them or their family, it is far too                            Protection, and his case was
Providing care to yourself or those close to     important a scenario to dismiss.                                         assigned to a medicolegal adviser
you is neither prudent nor practical due to                                                                               who assisted him in providing an
the lack of objectivity and discontinuity        PRESCRIBING                                                              explanation for his actions. At the
of care.1”                                       Although prescribing for family or friends may                           end of its investigation the MCNZ
                                                 not be illegal, it can be risky. In order to have                        concluded the case with a warning,
Although it is recognised that there are         a dispassionate appreciation of the medical                              with a recommendation that Dr E
some situations in which it might be             diagnosis and treatment plan, the prescriber                             undergo educational courses on
unavoidable, such as a solo practitioner         should not be emotionally involved with the                              prescribing and documentation.
in a remote community, or in an emergency        patient. If the patient is seeking medical
situation, the MCNZ takes the view that          advice from both a family member and a
the standard of care and the professional        separate GP, the drugs prescribed may result
relationship between doctor and patient          in being duplicated, or even contraindicated.                    The cases mentioned in this article are fictional and are used purely
is adversely affected if there is also a         Disjointed treatment plans and duplicated or                     for illustrative purposes.
personal relationship, and should be avoided     incomplete records may result in inadequate
wherever possible.                               or dangerous health care.

THE ETHICS
Many doctors would trust themselves above
                                                 The patient may also require review or
                                                 monitoring that could be missed if they are
                                                                                                                      WHAT DO YOU
all others to provide good care to their
loved ones, but it is hard to imagine that the
                                                 not seeing their regular doctor.
                                                                                                                      THINK?
objective standard of clinical care would not    Treating those close to you may be
be impacted by an emotional relationship to      tempting, and it is often difficult to refuse,                       We want to hear from you. Send your
the patient. Doctors are always interested       but you should approach such requests with                           comments to:
in the continued health and treatment of         great caution and be prepared to justify                             casebook@medicalprotection.org
their patients, but the stakes are never         your actions.
higher than when the outcome would
personally affect the practitioner and their     REFERENCES
family. Additionally, the doctor may not feel    1. Medical Council of New Zealand, Statement on providing care
able to ask sensitive questions or perform          to yourself and those close to you, June 2013.

  8
CASEBOOK - Medical Protection ...
FEATURE

MEDICAL PROFESSIONALS AND THE
VULNERABLE CHILDREN ACT
New safety checks on workers who have regular contact with children have started to be phased in.
Victoria Knell, Senior Solicitor at DLA Piper, explains what this means for medical professionals

  T
          he Vulnerable Children Act 2014        applies from 1 July this year (2016) and they
          introduces the vetting of people       have until 1 July to apply for an exemption.         SAFETY CHECKS
          in the workforce who have regular                                                           The checks that practices will be required
contact with children1 where a parent or         If a practice or organisation becomes aware          to undertake are:
guardian of the child may not be present.        that a core children’s worker has a conviction
GPs, locums, nurses and support workers will     for a specified offence, they must suspend           New workers
all be considered children’s workers under       the worker, while continuing to pay them.            1. Identity confirmation of the proposed
the Act and will be required to be screened      When suspending a worker the employer                    children’s worker.
by the organisation they work for.               must specify the period of suspension (which         2. Collection of information including
                                                 must not be less than five working days),                the children’s worker’s work history,
ORGANISATIONS                                    inform the worker of the reason behind the               references and:
If a hospital or medical practice receives any   suspension and ask them to respond.                     (a)	an interview which should include
amount of public funds they will be required                                                                  open questions and be conducted
to ensure safety checks on the workers they      When a worker is suspended their                             by people confident to ask questions
employ, but those in private practice who        employment cannot be terminated until                        about child safety; and
receive no state funding are not covered.        at least five working days after the                    (b)	verification that the proposed worker
                                                 suspension begins.                                           is registered with the appropriate
Self-employed practitioners and locums,                                                                       professional body.
however, are covered and the Ministry            Workers who are terminated due to the                3. Police vetting. This can take up to 20
of Health is currently establishing an           workforce restriction are not entitled to                days to complete and results must be
independent screening service to have            any compensation or other payment and                    considered before a proposed worker
the appropriate checks completed for             the termination will be deemed to be                     commences work.
such individuals.                                justifiable dismissal.                               4. An evaluation of all the information
                                                                                                          obtained and an assessment of any risk
CORE AND NON-CORE                                OFFENCES UNDER THE ACT                                   of employing the proposed children’s
CHILDREN’S WORKERS                               An organisation that does not ensure each                worker, including consideration of
The Act makes a distinction between “core        child’s worker is safety checked and re-                 whether the role is for a core children’s
children’s workers” and “non-core children’s     checked within three years will be liable on             worker or non-core children’s worker.
workers”. The main difference between            conviction to a fine of up to $10,000.
the two is that the Act comes into force                                                              Existing workers
earlier for core children’s workers who are      An organisation that employs a person                There are fewer checks required for those
also subject to the workforce restriction        convicted of a specified offence and who             children’s workers who are already employed
(explained below).                               does not hold an exemption will be liable on         or engaged by a specified organisation. For
                                                 conviction to a fine of up to $50,000.               an existing worker the specified organisation
A core children’s worker is someone who,                                                              is required to undertake requirements 1,
when present with a child, is the only         The Act’s obligations are likely to be                 2(b), 3 and 4 above.
children’s worker present or is the children’s particularly onerous on medical practices
worker who has primary responsibility for,     and self-employed practitioners who receive            The information obtained for each children’s
or authority over, the child present (GPs      state funding. Organisations should create             worker must be updated every three years.
and nurses will likely be considered core      a child protection policy and maintain
children’s workers).                           records about the safety checking process           REFERENCES
                                               as compliance may be checked. If you are
                                                                                                   1. A child is a person under the age of 17 years and who is not,
A non-core worker is a children’s worker who concerned about how the Act might impact                 or has not been, married
does not fit the definition of core children’s you and your practice, contact Medical              2. A full list of specified offences can be found in Schedule 2 of
                                                                                                      the Act
worker (administrative and general practice    Protection at: advice@mps.org.nz.                   3. Information regarding the exemption can be obtained by
staff will likely be considered non-core                                                              emailing Core_Worker_Exemption@msd.govt.nz
children’s workers).
                                                   KEY DATES
THE WORKFORCE RESTRICTION
People who have been convicted of offences         1 July 2015 – all new core children’s workers must be safety checked before starting with
involving children, violent behaviour and          a specified organisation.
sexual offending2 will face restrictions and       1 July 2016 – all new non-core children’s workers must be safety checked before starting
will be required to apply for an exemption3 if     with a specified organisation.
they wish to be a core children’s worker.          1 July 2018 – all existing core children’s workers must have been safety checked.
                                                   1 July 2019 – all existing non-core children’s workers must have been safety checked.
For core children’s workers starting a new
job, the restriction already applies. However,     Children’s workers are required to have their checks updated within three years of the
for those already employed, the restriction        initial checks.

                                                                                  CASEBOOK | VOLUME 24 ISSUE 1 | MAY 2016 | medicalprotection.org                  9
CASEBOOK - Medical Protection ...
MORE THAN DEFENCE

More support for your
professional development

ACHIEVING                                                  NEW
SAFER AND
RELIABLE
                                                           This is a topic
                                                           that is a long
                                                           time overdue –

PRACTICE
                                                           I have had a
                                                           little awakening

CONTENTS INCLUDE
Implement processes for safer, more reliable care
    Avoid adverse outcomes and patient dissatisfaction
    Identify factors that impact on human performance
    Reduce your risk of complaints
    Explore real life examples of high reliability

BOOK TODAY and find out more
medicalprotection.org                            FREE TO EARN
                                                 MEMBERS   CPD/CMU
education@mps.org.nz
0800 225 5677

AVAILABLE AT LOCATIONS THROUGHOUT NEW ZEALAND
                                                                    2287/NZ: 04/16
FROM THE CASE FILES                                                                                  Want to join the discussion about this
                                                                                                     edition’s case reports? Visit
                                                                                                     medicalprotection.org and click on
Dr Richard Stacey, Senior Medicolegal Adviser,                                                       the “Casebook and Resources” tab.

introduces this edition’s case reports

              Think beyond the common
                W
                          hen I was at medical school, I recall being   clinicians is identifying those patients that require
                          admonished for suggesting an esoteric         further investigation (and/or treatment) in order to
                          cause for a presentation of acute renal       establish or rule out serious underlying pathology and
              failure (or acute kidney injury as it is now known),      arranging for that investigation (and/or treatment)
              under the explanation from the consultant that            to be undertaken within a reasonable time frame
              common things are common and that when                    (which, depending on the circumstances, may be
              providing a differential diagnosis, I should start        on an emergency basis). There is an abundance
              by providing a list of the common causes. Then,           of diagnostic algorithms, standards and guidance
              without a hint of irony, the consultant suggested         available, and whilst it is not always easy to access
              that I might wish to see a patient who had been           them in the midst of a consultation, if there is an
              admitted overnight with acute renal failure as a          adverse outcome, your care will be judged to the
              consequence of Wegener’s Granulomatosis.                  relevant standards and guidance (that prevailed at
                                                                        the time of the incident).
              This edition of Casebook highlights a number
              of cases in which allegations have arisen as a            In circumstances when you have made a diagnosis of
              consequence of a missed and/or delayed diagnosis          a common benign and/or self-limiting illness, it is useful
              of serious underlying pathology: in the case of Mr        to ask yourself the following check questions:
              B it was alleged that the severity of his symptoms
              was underestimated and that a home visit should           1. Have I advised the patient of red flag symptoms to
              have been arranged; there are two paediatric                 look out for and explained what they should do in the
              cases in which the allegations related to a missed/          event that these develop?
              delayed diagnosis of meningitis/meningococcal
              septicaemia; there is a case in which there               2. H
                                                                            ave I informed the patient as to what should
              was a missed diagnosis of pre-eclampsia with                 prompt them to return for review?
              catastrophic consequences for the baby; and there
              is a case in which there is an unusual presentation       3. If the diagnosis subsequently turns out to represent
              of renal disease, which was subsequently                     serious underlying pathology, would I be in a position
              complicated by a subarachnoid haemorrhage.                   to justify not making (or contemplating) that
                                                                           diagnosis based on the information available to me?
              The difficulty that a clinician faces when
              assessing a patient is that, by definition,               Check questions 1 and 2 amount to the provision
              common things are common and (usually, but                of safety-netting advice and if the answer to check
              not always) are either benign and/or self-limiting        question 3 is ‘no’ then this should prompt consideration
              in their nature. For example, most children who           as to whether further investigation is indicated.
              present with coryzal symptoms will not have
              serious underlying pathology; most pregnant               I hope that you find both the cases and the above
              patients who develop ankle swelling will not              suggestions thought-provoking and draw your
              have pre-eclampsia; most patients who present             attention to the fact that the cases have common
              with headache will not have serious underlying            themes relating to both communication and record-
              pathology etc. One of the challenges for                  keeping.

              What’s it worth?                                                               HIGH NZ$1,000,000+

                                                                                             SUBSTANTIAL NZ$100,000+
              Since precise settlement figures can be affected by issues that are
              not directly relevant to the learning points of the case (such as the          MODERATE NZ$10,000+
              claimant’s job or the number of children they have), this figure can
                                                                                             LOW NZ$1,000+
              sometimes be misleading. For case reports in Casebook, we simply give a
              broad indication of the settlement figure, based on the following scale:       NEGLIGIBLE
CASE REPORTS

                                                                                                                                                                                  © Ilya Andriyanov/Hemera/thinkstockphotos.co.uk
  MISSED MENINGITIS
  SPECIALTY GENERAL PRACTICE
  THEME SUCCESSFUL DEFENCE

  J
          C was a 20-month-old boy who
          had been up all night with a fever.
          It was the weekend so his mother
rang the out-of-hours GP. She explained that
his temperature was 39.4 degrees and that
he was clingy and sleepy. Dr R assessed him     severe sensorineural hearing loss. Despite              excellent initial recovery and the minor
at the out-of-hours centre and documented       hearing aids JC had delayed speech and                  x-ray changes it was difficult to explain
that there was no rash, vomiting or             language development. His mother was                    the alleged hip symptoms as children with
diarrhoea. His examination recorded the         upset because he struggled with poor                    coxa magna generally have no symptoms
absence of photophobia and neck stiffness.      concentration at school and found it difficult          even with contact sports. He thought that
He stated “nothing to suggest meningitis”.      to interact in groups.                                  JC would have a lifetime risk of needing
Examination of the ears, throat and chest                                                               hip replacement of 12-20% due to past
were documented as normal. He noted             JC’s mother made a claim against Dr R,                  septic arthritis.
that his feet were cool but he appeared         alleging that he failed to diagnose meningitis
hydrated. Dr R diagnosed a viral illness        and admit her son. She felt that if his                 The ENT consultant concluded that JC
and advised paracetamol and fluids. He          meningitis had been treated earlier his                 would need to use hearing aids for the
advised JC’s mother to make contact if          hearing could have been saved and he would              rest of his life. He felt that his speech and
he developed a rash, vomiting, or if she        not be at risk of arthritis in his hip in later life.   language development had also been
was concerned.                                                                                          compromised by poor hearing aid usage.
                                                EXPERT OPINION
JC’s mother felt reassured so she took          Medical Protection obtained expert opinion              In response to the Letter of Claim from the
him home and followed the GP’s advice.          from a GP, a professor in infectious diseases,          claimant’s solicitors, Medical Protection
JC remained tired and off his food over         an orthopaedic surgeon and a consultant                 issued a letter of response denying liability
the next two days. The following day he         in ENT.                                                 based on the supportive expert opinion and
began vomiting and mum could not get his                                                                the claim was discontinued.
temperature down. He seemed drowsy and          The GP thought Dr R had made a
was just lying in her arms. She took him        comprehensive examination of a febrile
straight to A+E.                                child and had demonstrated an active
                                                consideration of the possibility of
He was very unwell by the time he was           meningitis. He commented that the
                                                                                                                  Learning points
assessed in A+E. The doctors noted that         features of many childhood viral illnesses
                                                                                                                • BPAC have
he was pale, drowsy, and only responding        are indistinguishable from the very early                                         a useful traffic
                                                                                                                   for identif ying                  light system
to pain. His temperature was 38 degrees         stages of meningitis. He noted that Dr R                                              risk of serious
                                                                                                                   feverish childre                     illness in
and his pulse was 160bpm. A diagnosis           had advised JC’s mother to make contact if                                             n under five1.
                                                                                                                  other clinical sig                    Along with
                                                                                                                                        ns, it requires
of “sepsis” was made. Full examination          he deteriorated. He was a little critical of                      pulse, respirato                       GPs to check
                                                                                                                                      ry rate, tempe
revealed neck stiffness and he went on to       Dr R for not recording JC’s vital signs such                      capillary refill
                                                                                                                                   time in order to
                                                                                                                                                         rature and
have a lumbar puncture. This confirmed          as pulse and temperature. He felt this was                       them into grou                         categorise
                                                                                                                                     ps of low, med
meningitis with Haemophilus influenzae.         an important part of determining a child’s                       risk of having                        ium or high
                                                                                                                                  serious illness.
                                                risk of having a serious illness.                            • Safety nett
                                                                                                                              ing is an impo
JC was treated with IV fluids, ceftriaxone                                                                      consultation.                    rtant part of a
                                                                                                                                 In this case Dr
and dexamethasone and showed great              The professor of infectious diseases                           mother to cont                        R advised the
                                                                                                                                   act services ag
improvement. Four days later he developed       thought that JC did not have meningitis                        deteriorated.                           ain if he
                                                                                                                                This helped M
                                                                                                               defend his case                     edical Protectio
a septic right hip needing aspiration           when he saw Dr R but was likely to be in                                           .                                 n
and arthrotomy. The aspirate revealed           the bacteraemic phase of the illness. This                  • In some case
                                                                                                                               s claims can be
Haemophilus influenzae. A month later he        phase shares features with many other                         years after th                        brought many
                                                                                                                               e events. This
was assessed at a fracture clinic and was       more trivial infections. He explained that                    note-keeping                        makes good
                                                                                                                               essential as m
                                                                                                              will often be th                     edical records
walking unaided and fully weight-bearing.       Haemophilus influenzae meningitis can                                           e only reliable
                                                                                                             occurred.                              record of wha
An x-ray eight years later showed that the      present in an insidious fashion over                                                                               t
                                                                                                          REFERENCES
right femoral capital epiphysis was slightly    several days. He felt that the vomiting
larger than the left. His mother claimed that   three days later may have signified                       1. Identifying
                                                                                                                         the risk of serio
                                                                                                                                           us illness in ch
he complained of daily hip pain, giving way     cerebral irritation due to meningitis.                       BPAC, July 20
                                                                                                                           10: bpac.org.n                   ildren with fev
                                                                                                                                                                            er,
                                                                                                                                            z/BPJ/2010/
                                                                                                                                                            July/fever.as
and morning stiffness.                                                                                                                                                    px
                                                                                                            AF
                                                The orthopaedic surgeon noted the
Two months after his illness JC had a           minor x-ray abnormalities in JC’s right
hearing test that showed moderately             hip. He felt that given the patient’s

  12
CASE REPORTS

                                                                                                                                                                © Ilya Andriyanov/Hemera/thinkstockphotos.co.uk
  PROBLEMATIC
  ANAESTHETIC
  SPECIALTY ANAESTHETICS
  THEME CONSENT/INTERVENTION
  AND MANAGEMENT

     SUBSTANTIAL

  M
           rs B was a 57-year-old lady with         Dr S then administered atracurium 30mg                 needle was in proximity to nerve tissue.
           a past history of breast cancer          and Mrs B was ventilated for the duration              However, Dr M did concede that there was
           treated with mastectomy and              of the operation. The operation was largely            a body of responsible anaesthetists who
adjuvant therapy. She re-presented to her           uneventful apart from modest hypotension,              would support the notion of performing
consultant breast surgeon, Mr F, three years        which Dr S treated with boluses of ephedrine           a paravertebral block with the patient
after the original surgery with a worrying 2cm      and metaraminol.                                       anaesthetised.
lump in the vicinity of her mastectomy scar.
Mr F recommended an urgent excision biopsy          At the end of surgery, Dr S reversed the            3. He was critical of Dr S’s decision to keep
of the lump under general anaesthetic.              neuromuscular blockade and attempted to                persisting with the block when he was
                                                    wake Mrs B. However, Mrs B’s respiratory               struggling to locate the correct needle
On the day of surgery, Mrs B was reviewed           effort was poor and she was not able to move           position. He felt that Dr S should have
by consultant anaesthetist Dr S. She told           her limbs. Dr S diagnosed an epidural block            abandoned the block or called for help.
Dr S that she had been fine with her previous       caused by spread of the local anaesthetic. He          He also concluded that the technique
anaesthetic and that she had no new health          reassured Mrs B and then re-sedated her for            used by Dr S was very poor given the
problems. Dr S reassured Mrs B that it              approximately 40 minutes. Following that she           complications that followed.
should be a routine procedure and that he           was woken again and her airway was removed.
anticipated no problems. He warned her              Weakness of all four limbs was still noted.         4. D
                                                                                                            r M was critical of the levels chosen by
about the possibility of dental damage and                                                                 Dr S to perform the block. He felt that C7
sore throat and promised that he would              Over the next five hours Mrs B regained                was too high, given that the dermatomal
not use her left arm for IV access or blood         normal sensation and power in her lower                level of the surgery was approximately
pressure readings, because of the previous          limbs and left arm. However, her right                 T4. He also felt that the surgery was
lymph node dissection on that side.                 arm remained weak, with an absence of                  very minor and did not warrant the
                                                    voluntary hand movements. She also had                 paravertebral block. Dr M was of the
In the anaesthetic room, Dr S reviewed the          gait ataxia on attempting to mobilise. An              opinion that infiltration of local anaesthetic
anaesthetic chart for Mrs B’s mastectomy            MRI was performed the following day, which             by the surgeon, combined with simple
procedure. He saw that Mrs B had                    demonstrated signal change and subdural                analgesics, would have sufficed.
received a general anaesthetic along with           haemorrhage in the spinal cord at a level
a paravertebral block for post-operative            consistent with her persistent symptoms.            On the basis of the expert evidence Medical
analgesia, and this technique appeared                                                                  Protection concluded that there was no
to have worked well. He did not, however,           Mrs B remained in hospital for physiotherapy        reasonable prospect of defending the
discuss this with Mrs B.                            and rehabilitation. Her walking and right hand      claim. The case was eventually settled
                                                    function gradually improved and she was             for a substantial sum.
Dr S inserted a cannula in Mrs B’s right arm        discharged three weeks after her operation.
and induced anaesthesia with fentanyl               Six months later, Dr S received a solicitor’s
and propofol. He inserted a laryngeal mask          letter stating that Mrs B was still having             Learning points
airway and anaesthesia was maintained with          problems with her hand and was seeking                                                           be
                                                                                                           1. Local anaesthetic blocks should only
sevoflurane in an air/oxygen mixture. Mrs           compensation.                                                                                     tion.
                                                                                                               performed when there is a clear indica
B was then turned on to her side and Dr S                                                                                                                ld
                                                                                                           2. The risks and benefits of the block shou
proceeded to insert left-sided paravertebral        EXPERT OPINION                                             be discussed with  the patient and clear ly
blocks at C7 and T6. Although Dr S used a           Medical Protection instructed Dr M, a
                                                                                                               documented. The process of consent
stimulating needle and a current of 3mA, he         consultant anaesthetist, to comment on the                 for any operation should be a detailed
                                                                                                                                                           nt
had difficulty eliciting a motor response at        standard of care. Dr M was critical of Dr S                conversation between clinician and patie
either level. At T6, Dr S finally saw intercostal   for four major reasons:                                                        evidence. The incide nce
                                                                                                                with documented
muscle twitching after a number of needle                                                                       and potential impact of any common and
                                                                                                                                                       ld
passes. Twitches were still just visible when       1. Dr S had failed to inform Mrs B that he                potentially serious complications shou
the current was reduced to 0.5mA and Dr S              intended to perform a paravertebral block                always be discussed and documented.
therefore slowly injected 10ml of Bupivicaine          and failed to discuss the risks and benefits         3. Local anaesthetic blocks should only
0.375% with clonidine. At the upper level,             of such a technique.                                      be performed by practitioners with
Dr S could not elicit a motor response despite                                                                   appropriate training and expertise.
                                                                                                                                                       r
several needle passes. He eventually decided        2. H
                                                        e was somewhat critical of the                     4. If difficulties are encountered, eithe
to use a landmark technique and injected the           decision to perform the block with Mrs                    the procedure should be abandoned or
same volume of local anaesthetic mixture               B anaesthetised. He opined that had                       assistance summoned.
at approximately 1cm below the transverse              Mrs B been conscious or lightly sedated,
process.                                               she would have alerted Dr S when the                     JPA

                                                                                     CASEBOOK | VOLUME 24 ISSUE 1 | MAY 2016 | medicalprotection.org    13
CASE REPORTS

  FAILURE TO FOLLOW

                                                                                                                                                                 © Wavebreakmedia Ltd/Lightwavemedia/thinkstockphotos.co.uk
  SPECIALIST
  ADVICE
  SPECIALTY GENERAL PRACTICE/NEUROLOGY
  THEME PRESCRIBING

       SUBSTANTIAL

  F
           ollowing a hospital admission
           for status epilepticus, which
           was attributed to a previous
cerebral insult, Mr G, a 35-year-old clerical    field defect on a routine examination. The                EXPERT OPINION
officer, was started on an anticonvulsant        ophthalmic surgeon, Mr D, noted that Mr G                 Medical Protection’s GP expert was critical of
regime of phenytoin and sodium valproate.        had been on vigabatrin for in excess of 11                Dr L’s failure to act on the neurologist’s advice
Over the next few years, the medication          years during which time he had not been                   to tail off the vigabatrin and for the absence
was changed by the hospital several times in     monitored. His visual fields were noted to be             of any record that Dr L monitored the patient
response to the patient’s concerns that his      markedly constricted, which was attributed                or reviewed his medication. Dr L’s decision
epilepsy was getting worse. After a further      to the vigabatrin. Mr G was referred to                   to refer Mr G to an epilepsy specialist once
seizure led to hospital admission, the patient   another neurologist who recommended a                     he was alerted to the potential side effects
was discharged on vigabatrin on the advice of    change of anticonvulsant. Mr G was                        was appropriate and Dr L could not be held
the treating neurologist, Dr W. Readmission      gradually weaned off the vigabatrin.                      accountable for Mr G’s failure to attend a
for presumed status epilepticus a short while                                                              number of hospital appointments, which may
later led the hospital to conclude that there    As a result of the damage to his eyesight,                have contributed to the delay in diagnosing
might be a functional element to the seizures.   Mr G brought a claim against the hospital                 the visual field defect. The claim was settled
This was supported by psychiatric evaluation.    for negligent prescription of vigabatrin and              on behalf of Dr L and the Trust for a reduced
The patient was discharged to psychology         failure to warn the claimant of the side                  but still substantial sum.
follow-up with a recommendation at the           effects. Mr G also brought a claim against
end of the discharge summary to gradually        Dr L for continuing to prescribe vigabatrin
tail off and stop the vigabatrin. This advice    against the advice of the neurologist, failing
was overlooked by Mr G’s GP, Dr L, who           to review the medication at regular intervals,
continued to prescribe as before. The error      and failing to refer to an ophthalmologist.
was not picked up by either Dr L or the
hospital despite multiple contacts and
several hospital admissions over the next five
years, for the first three years of which Mr G
remained under the care of Dr W.                                Learning points
                                                                                                                                                   if it is
                                                                                                       they take responsibility for it – even
Subsequently, Mr G was seen by both Dr L                        • If a doctor signs a prescription,                         on  betw  een   prim ary  and
                                                                                                            com   mun  icati
and his optician, complaining of tired, heavy                      on the advice of a specialist. Good                            appropriate treatment.
                                                                                             to  ensu re patie   nts rece ive the
                                                                    secondar y care is vital                                                           ssets/
eyes. No visual field check was carried                                                                      prescribing practice: mcnz.org.nz/a
                                                                    See the MCNZ statement on Good                                    -pra  ctice.pdf.
out on either occasion. Nine months later                                                                   nts/Good-prescribing
                                                                    News-and-Publications/Stateme
Mr G returned to see Dr L, requesting a                                                                      e is a need for monitoring or regular
referral to the epilepsy clinic as he had read                   • Patients should be informed if ther
                                                                                                ications.   Whe   re there is shared care with
                                                                    review of long-term med                                                                 te
a newspaper report about the visual side                                                                    ld be sought as to the most appropria
                                                                     another clinician, agreement shou                          clear ly documented.
effects of vigabatrin. An appointment was                                                     itoring. All advi  ce shou ld  be
                                                                     arrangements for mon
made at the clinic but Mr G failed to attend                                                                  us side effect of medication, prom
                                                                                                                                                       pt
on two occasions. An urgent referral was                          • When alerted to a potentially serio                        spec ialist if appropriate.
                                                                                                  shou ld  be  mad  e, with  a
                                                                     arrangements for review
ultimately made by Mr G’s optician several
months later following detection of a visual
                                                                    JP

  14
CASE REPORTS

  UNDESCENDED
  TESTIS
  SPECIALTY GENERAL PRACTICE
  THEME SUCCESSFUL DEFENCE

                                                                                                                                                                   © mauro fermariello/science photo library/sciencephoto.com
                                                               EXPERT OPINION
  B
           aby LM was taken to see his GP, Dr E, for his
           six-week check. During this examination Dr E        Medical Protection obtained expert opinions from a GP and a
           noted that his left testis was in the scrotum but   consultant in paediatric surgery. Both were supportive of Dr E’s
his right testis was palpable in the canal. He asked LM’s      examination and management. The consultant in paediatric surgery
mother to bring him back for review in a month.                thought that LM had an ascending testis. This is a testis which is
                                                               either normally situated in the scrotum or is found to be retractile
Two weeks later his mother brought him to see Dr               during infancy, and later ascends. He thought that even if LM had
E because he had been more colicky and had been                been referred in infancy, it would have been likely that examination
screaming a lot in the night. As part of that consultation,    would have found the testes to be either normal or retractile and
Dr E documented that both testes were in the scrotum.          he would have been discharged with reassurance. He explained
                                                               that it is thought that in cases of ascending testis testicular ascent
LM was brought for his planned review with Dr E in             occurs around the age of five years. Therefore, on the balance of
another two weeks. Both testes were noted to be in the         probabilities, referral to paediatrics before the age of four would not
scrotum although this time the left testis was noted to be     have led to diagnosis of an undescended testis.
slightly higher than the right. His mother was reassured.
                                                               This claim was dropped after Medical Protection issued a
When LM was 16-months-old he appeared to be in some            letter of response to the claimant’s legal team which
discomfort in the groin when climbing stairs. His mother       carefully explained the expert opinion.
was worried so she took him back to Dr E for a check-up.
Dr E examined him carefully and documented that both
testes felt normal and were palpated in the descended
position. He also noted the absence of herniae on both           Learning points
sides. He advised some paracetamol and advised his                                                                                                    te
                                                                                                         defend Dr E in light of his appropria
mother to bring him back if he did not improve.                  • Medical Protection were able to                             expe   rt advi ce.
                                                                                                               ping   and  the
                                                                    clinical management, good note-kee
                                                                                                  ed  Dr E’s defe    nce. Doctors should always
When LM was 15-years-old he noticed that one of his              • Good documentation help
                                                                                                              of both testes in the scrotum at
testicles felt different to the other. At that time he was          document the presence or absence
found to have a left undescended testis which was                   the six-week check.
                                                                                                                                                       cy
excised during surgical exploration.                                                                      ally situated in the scrotum in infan
                                                                  • A testis that is retractile or norm                          ul leafl et for parents
                                                                                                        in the  UK    has a usef
                                                                     can ascend later. NHS Choices
                                                                                                           in young boys aren’t a cause for
LM’s mother felt that Dr E had missed signs of his                   outlining that “retractile testicles
                                                                                                       cles often settle permanently in the
undescended testis when he was younger. A claim was                  concern, as the affected testi
                                                                                                              , they may need to be monitored
brought against Dr E, alleging that he had failed to carry           scrotum as they get older. However
                                                                                                          som   etimes don’t descend naturally and
out adequate examinations and that she should have                   during childhood, because they
                                                                     treatment may be required” .
                                                                                                     1
referred to the paediatric team earlier. It was claimed                                                                                                UK
                                                                                                           and Care Excellence (NICE) in the
that if Dr E had referred to paediatrics earlier then this         • The National Institute for Health                              cove  rs the  prim  ary
                                                                                                              e Summary      that
would have resulted in a left orchidopexy, placing the                have published a Clinical Knowledg                               ded   teste s,
                                                                                                          and   bilat eral unde scen
testis normally in the scrotum before the age of two                  care management of unilateral
                                                                                                                   : cks.nice.org.uk/undescended-
years and thus avoiding removal of the testis.                        including referral. It can be found here
                                                                      testes.
                                                                   REFERENCES

                                                                                                 dedte   sticles/Pages/Introduction.aspx
                                                                   1. nhs.uk/conditions/undescen

                                                                      AF              CASEBOOK | VOLUME 24 ISSUE 1 | MAY 2016 | medicalprotection.org         15
CASE REPORTS

 DIAGNOSING
 PNEUMONIA
 OUT OF HOURS
 SPECIALTY GENERAL PRACTICE
 THEME SUCCESSFUL DEFENCE

  M
          r B was a 31-year-old man          him an appointment at the out-of-hours         attempted but sadly failed. A post mortem
          with three children. His mother    centre, which he declined, but he did agree    was performed, giving the cause of death as
          was staying with him over the      to ring back if he was worse. She              “right-sided lobar pneumonia and bilateral
weekend because he was in bed coughing       documented that her advice had been            pleural effusions”.
and shivering. On Saturday he complained     accepted and understood.
of chest pains so his mother rang an                                                        Mr B’s mother was distraught and brought a
ambulance. The paramedic recorded            Mr B was no better on Sunday so his            claim against the out-of-hours GP, Dr Z. She
a temperature of 39 degrees, oxygen          mother rang the out-of-hours centre again.     claimed that her son had been extremely
saturations of 94%, pulse 134, respiratory   This time a nurse spoke to Mr B and noted      short of breath on the telephone and that
rate of 16 and a blood pressure of 120/75.   his history of productive cough, fever and     she had not paid adequate attention to this.
An ECG was done and noted to be normal.      aching chest pain. She documented that he      She was upset that Dr Z had not arranged
The paramedic explained to Mr B that he      had some difficulty in breathing on exertion   to visit her son at home and had incorrectly
should be taken to hospital. Mr B declined   but that he could speak in sentences over      diagnosed a simple chest infection.
and was considered to have capacity so the   the telephone. Again she offered him an
ambulance left.                              appointment at the out-of-hours centre but     EXPERT OPINION
                                             he refused, saying he would prefer to see      Medical Protection obtained expert opinions
The ambulance crew called their control      his own GP on Monday.                          from a GP and a respiratory specialist. The
centre who in turn contacted an out-of-                                                     GP was supportive of Dr Z. He noted that
hours GP, Dr Z. The control centre left a    Three days later Dr B’s mother took            cough, fever and malaise are very common
verbal message for Dr Z, explaining the      him to see his own GP. He found coarse         symptoms in a young adult. He listened to
situation, but did not hand over details     crepitations in his right upper and mid        the recorded consultation and considered
of Mr B’s vital signs including his oxygen   chest but with good air entry. He noted        Mr B to have been only mildly short of breath
saturations and pulse rate.                  that Mr B was not unduly distressed and        and showing no verbal signs of delirium. He
                                             had no shortness of breath so opted            felt it was reasonable for Dr Z to suggest
Dr Z rang Mr B and noted his history of      for oral antibiotics and a review in           attendance at the primary care centre. He
chest pain triggered by coughing and the     two days.                                      also noted that if Mr B had been well enough
normal ECG. She noted his temperature of                                                    to attend his own GP four days later, then he
39 degrees and that he had taken some        Later the same day Mr B’s breathing            could probably have travelled to see Dr Z on
ibuprofen to help. She documented “no        became rasping and very laboured. He           the day she spoke to him. He felt it had been
shortness of breath” and advised some        collapsed and an ambulance took him to         neither possible nor necessary to define the
cough linctus and paracetamol. She offered   A+E. Cardiopulmonary resuscitation was         diagnosis beyond a respiratory tract infection

 16
You can also read