Medical defense organisation calls for protection of UK doctors over Covid rationing

Medical defense organisation calls for protection of UK doctors over Covid rationing

Human Factors

Doctors faced with the impossible choice of who to treat and who to leave without treatment during the Coronavirus pandemic, should be protected from prosecution according to the Medical Protection Society (MPS).

In a letter to Prime Minister Boris Johnson, the MPS requested that the government prevent any criminal or disciplinary action being taken against doctors over decisions made with a lack of clinical resources.

The pandemic in the UK has so far claimed 59,051 lives and caused an unprecedented strain on the National Health Service (NHS).

After reports during the peak of the virus claiming that doctors were having to make life-or-death decisions over who to treat, and a drain on resources meaning that treatments for other illnesses have been delayed, the MPS has said: “future outbreaks of Covid-19 could lead to surges in demand that temporarily exceed supply.”

The author of the letter, Dr Rob Hendry, says: “As a result, the medical and moral disaster for the doctor might not just be the moral injury and long-term psychological damage suffered, but also the risk of personal accountability if and when legal challenges arise.”

Iodem’s Medical Director, Maurice Hawthorne, said: “Giving doctors blanket immunity from prosecution during the pandemic is fraught with difficulty. It is a principle of our healthcare system, that a doctor provides the safest care they can for each of their patients.” 

Mr. Hawthorne added: “I find it difficult to accept the argument that a surgeon, for example, can conduct an operation which falls below recognized standards and not be held to account because of Covid.

“This raises similar issues to those outlined in the Social Action, Responsibility and Heroism act of 2015. The purpose of the act is to support volunteers acting for the benefit of society in legal proceedings arising out of their actions. The court can take account of the fact that they adopted a predominantly responsible approach to the safety of others. 

“If a doctor finds themselves in difficulties due to Covid, then the answer is to liaise with his Trust, in order that patient safety is placed at the centre of service delivery, through coordinated action and activity.”

Mr. Hawthorne’s comments align with the guidance that the General Medical Council (GMC) released in September, regarding doctor’s duty of care during the pandemic.

The GMC stated: “During this challenging time, doctors of course still have a duty to provide the best and safest care they can in the circumstances. When we consider concerns raised about doctors, we always review the circumstances and context of the case to decide whether they pose a future risk to patients and whether their fitness to practice is impaired.”