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Medical negligence, youclaim.co.uk

Surgeons fear more medical negligence claims over working hours cut


The long hours worked by hospital doctors, particularly junior ones, have long been a source of discussion about their effect on competency and medical negligence claims, but the Royal College of Surgeons (RCS) says reducing doctors' official hours is having the opposite effect.

In August 2009, the UK adopted the European Working Time Directive limiting everyone, including doctors, to a 48-hour week, however, two months after the legislation was introduced, the surgeons said hospitals were being over-stretched and patient safety is being compromised.

In a survey of members, the RCS found patients were at greater risk of dying because of the new rules which meant there was a poorer continuity of care when staff changed shifts, less-qualified staff were undertaking more senior tasks to cover gaps in care, experienced specialist teams were being broken up, doctors were working unpaid in order to see through cases and juniors were working extra hours as locums to gain training they would not have time to do otherwise.

Under the previous hours' regime, some doctors were on duty for 80 hours a week and there were cases of medical negligence arising from misdiagnosis and surgical errors due to an individual's stress, tiredness or lack of training.

Medical students spend at least five years in academic and practical training, followed by a numbers of years developing specialisations and throughout that time are expected to be supervised by senior colleagues.

All are conscientious but, unfortunately, mistakes do happen, especially if staff are rushed, are inadequately informed about a medical condition or there is a failure in the NHS system.

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