Fear of legal action impacting way GPs practise

84 per cent of GPs say the fear of being sued is a significant factor in their decisions to order more tests, make more referrals or prescribe medication, according to a new survey.

The survey, conducted by the Medical Protection Society (MPS), found that of 1,300 UK GPs, 87 per cent are fearful of being sued. 84 per cent said the fear of being sued has resulted in them ordering more tests or making more referrals, whilst 41 per cent said it has resulted in them prescribing medication when not clinically necessary.

The survey results follow research by Imperial College London showing that four in five doctors who have been the subject of a complaint also now practise more ‘defensively’.

Pallavi Bradshaw, senior medicolegal adviser at MPS, said: “These survey results raise concerns about how the fear of being sued is manifesting itself across the country, and we call on the Government to undertake more in-depth, definitive research to fully understand the issue and its impact. Unnecessary tests or investigations are not in the best interests of patients and may use up limited NHS resources.

“Doctors should be able to exercise their clinical skills and judgment without the fear of claims affecting their decision-making. A full-time GP can now expect to receive two clinical negligence claims over their career; the environment is challenging and the temptation to over prescribe or over investigate is understandable.

“We must get to the heart of why so many patients sue their doctor. This includes making continual improvements in patient safety to prevent adverse incidents, but we must also look at legal reform to tackle the cultural acceptability to sue for minor injuries or inconveniences. In 2016/17 there were 817 clinical negligence claims against the NHS for minor injuries, where the compensation paid was less than £3,000.

“While those who suffer serious and long term harm due to clinical negligence should be reasonably compensated, it is right that we question the extent to which those who sustain minor injuries can recover compensation. We are calling on Government to consider a minimum threshold for these types of claims and we stand ready to work together on what we recognise is a difficult debate.”