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New guides to help surgeons defend against negligence claims

  • Date: 29 September 2022

NEW best practice guides to documenting common surgical procedures aim to help NHS teams in England defend against claims of negligence or poor practice.

The guidance sets out how doctors can most effectively document five common surgical procedures. It outlines how “clear documentation of procedures can support the resolution process and provide the best care for patients.”

The guides were written following a review of claims data with NHS Resolution, with feedback from NHS lawyers and expert witnesses. The review found that poor documentation often makes the investigation of episodes of care leading to incidents and claims “difficult” and can “prevent the defence of potentially good clinical practice.”

NHS Resolution said the cost of litigation against the NHS in England is £128.6 billion, with costs expected to rise further as “activity is increasing.”

The guides cover:

  • laparoscopic appendicectomy
  • laparoscopic cholecystectomy
  • open and laparoscopic inguinal hernia
  • laparotomy and laparoscopic bowel resection surgery
  • thyroidectomy.

They are available on Future NHS (login required) and Best Practice Library.

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