Type | Private limited company |
---|---|
Industry | Professional indemnity |
Founded | 23 October 1885 [1] |
Headquarters | Canary Wharf, London, United Kingdom |
Key people | Dr Matthew Lee (Chief executive) Dr Paul Riordan-Eva (President) |
Number of employees | 420 |
Website | themdu |
The Medical Defence Union (MDU) is one of three major medical defence organisations (MDOs) in the United Kingdom, offering professional medical indemnity for clinical negligence claims and advice provided by medico-legal experts for its members. [2] [3] [4] It is a mutual not for profit organisation. [5]
The MDU was established in 1885 and was the first of its kind in the world. As of January 2022 [update] it has around 200,000 members: doctors, nurses, dentists and other healthcare professionals. [6] The Dental Defence Union (DDU) is the specialist dental division of the MDU.
The Medical Defence Union was founded in 1885 following outrage in the medical community over the case of a Dr David Bradley who was wrongly convicted of a charge of assaulting a woman in his surgery. Dr Bradley spent eight months in prison before receiving a full pardon. [7]
By late 1885, there was increasing recognition among the medical profession of the real risk doctors ran in their everyday practice and the poor resources at their disposal to defend themselves. The British Medical Association, for example, to which many of the profession belonged, was not permitted under its constitution to undertake individual medical defence.
In 1885, solicitors Mr Dauney and Mr Cridland, together with Mr Rideal, Mr Clements, Mr Leggatt, Mr Sinyanki and Mr Fitzgerald, signed a memorandum that established the aims and objectives of the newly registered company, the Medical Defence Union. They were the first executive board. The annual subscription cost for members was set at 10 shillings. [8]
The MDU produces a member guide, to explain to members what they might expect: [9]
The MDU produces three journals for members which are available on its website and in its member app – the MDU journal, the DDU journal and Student Notes.
The MDU is active in influencing the medico-legal climate on behalf of members. In 2012 the MDU launched its campaign calling on the government to make compensation for injured patients fair and affordable. [10] The campaign was launched in response to spiralling medical negligence bills which have quadrupled in the last decade. [11] According to former chief executive, Dr Christine Tomkins, compensation claims in England are among the highest in the world and the consequence of this on general practice and the wider NHS is catastrophic. [12] MDU also campaigned for state-backed indemnity for GPs in England which was introduced in April 2019 and they have called for healthcare professionals to be exempt from litigation related to the COVID-19 pandemic. [13]
The Medical Defence Union is authorised and regulated by the Financial Conduct Authority for insurance mediation and consumer credit activities only. The MDU is not an insurance company. The benefits of MDU membership are all discretionary and are subject to the Memorandum and Articles of Association. [14]
In the United States, a health maintenance organization (HMO) is a medical insurance group that provides health services for a fixed annual fee. It is an organization that provides or arranges managed care for health insurance, self-funded health care benefit plans, individuals, and other entities, acting as a liaison with health care providers on a prepaid basis. The Health Maintenance Organization Act of 1973 required employers with 25 or more employees to offer federally certified HMO options if the employer offers traditional healthcare options. Unlike traditional indemnity insurance, an HMO covers care rendered by those doctors and other professionals who have agreed by contract to treat patients in accordance with the HMO's guidelines and restrictions in exchange for a steady stream of customers. HMOs cover emergency care regardless of the health care provider's contracted status.
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Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. Claims of medical malpractice, when pursued in US courts, are processed as civil torts. Sometimes an act of medical malpractice will also constitute a criminal act, as in the case of the death of Michael Jackson.
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Defensive medicine, also called defensive medical decision making, refers to the practice of recommending a diagnostic test or medical treatment that is not necessarily the best option for the patient, but mainly serves to protect the physician against the patient as potential plaintiff. Defensive medicine is a reaction to the rising costs of malpractice insurance premiums and patients’ biases on suing for missed or delayed diagnosis or treatment but not for being overdiagnosed.
The Medical and Dental Defence Union of Scotland (MDDUS) is one of three major medical defence organisations (MDOs) in the UK and offers professional indemnity and expert medico-legal and dento-legal advice for doctors, dentists and other healthcare professionals throughout the United Kingdom. MDDUS is a mutual organisation and was founded in 1902. It is recognised by the UK's General Medical Council.
The Canadian Medical Protective Association (CMPA) is a membership-based, not-for-profit organization that provides legal defense, liability protection, and risk-management education for physicians in Canada. The CMPA also provides compensation to patients and their families proven to have been harmed by negligent medical care. In 2016, the CMPA's membership list totaled 95,691 physicians.
In UK public law, the duty of candour is the duty imposed on a public authority 'not to seek to win [a] litigation at all costs but to assist the court in reaching the correct result and thereby to improve standards in public administration'. Lord Donaldson MR in R v Lancashire County Council ex p. Huddleston stated that public servants should be willing 'to explain fully what has occurred and why'.
The National Health Service (NHS) is the publicly funded healthcare system in England, and one of the four National Health Service systems in the United Kingdom. It is the second largest single-payer healthcare system in the world after the Brazilian Sistema Único de Saúde. Primarily funded by the government from general taxation, and overseen by the Department of Health and Social Care, the NHS provides healthcare to all legal English residents and residents from other regions of the UK, with most services free at the point of use for most people. The NHS also conducts research through the National Institute for Health and Care Research (NIHR).
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Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient. The negligence might arise from errors in diagnosis, treatment, aftercare or health management.
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Jack Adcock, a 6-year-old child, was admitted to Leicester Royal Infirmary (LRI) on 18 February 2011. He died later that day, in part because of failings in his treatment. Dr Hadiza Bawa-Garba, the junior doctor who treated him and a nurse, Isabel Amaro, were subsequently found guilty of manslaughter on the grounds of gross negligence. Both were subsequently struck off their respective professional registers, although Bawa-Garba had that decision overturned at appeal. There is an ongoing debate about the judgements against Bawa-Garba, partly around Bawa-Garba's personal culpability versus a context of systemic failures, and partly around the possible use of her reflective notes about her own practice as evidence.
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