GMC rules the doctor's are not accountable for the actions and errors of non-qualified doctors.

 

The General Medical Council (GMC), which regulates the UK medical profession have just ruled that doctors and GPs are not accountable for the decision and actions of non-qualified doctors such as 'physician associates' (PA's) and 'anaesthesia associates' (AA's), who they supervise, as long as GMC standards and guidance are followed.

On 12th November 2022, Benedict (Ben) Peters, a 25-year-old solicitor from Cheadle, was found dead at the home of his parents. The day before his death, Ben had gone to the Manchester Royal Infirmary Ambulatory Care Unit complaining of chest pain, shortness of breath, heart palpitations, a sore throat and an aching arm. An ECG was undertaken along with a Chest X-ray and both were found to be normal. Blood tests were also taken. While waiting for his results, Ben experienced a severe episode of vomiting. At MRI, he was seen by a Physician Associate who diagnosed 'panic attack/gastric inflammation' and he was given a prescription for Propranolol and Omeprazole. The duty Consultant seems to have concurred with this diagnosis even though he hadn't seen Mr. Peters to examine him. A post mortem examination confirmed that Ben had died as a consequence of complications arising from an underlying heart defect which had not been diagnosed during his life. He had died as a result of a "catastrophic haemorrhage of his aorta."

In his report dated May 16, 2023, Chris Morris, the Area Coroner for Manchester South, had this to say about the case of Benedict Peters.

"During the course of the inquest the evidence revealed matters giving rise to concern. In my opinion there is a risk that future deaths will occur unless action is taken. In the circumstances it is my statutory duty to report to you. The MATTERS OF CONCERN are as follows. It is a matter of concern that despite the patient's reported symptoms, in view of his age and extensive family history of cardiac problems, Mr Peters was discharged from the Ambulatory Care Unit without being examined/reviewed in person by a doctor. It is a further matter of concern that according to the evidence of the Consultant Physician, no policy or protocol exists within the Trust as to when patients may or may not be discharged from the Ambulatory Care Unit without a medical review taking place. In my opinion action should be taken to prevent future deaths and I have believe you have the power to take such action."

The Manchester University Foundation Trust offered their sincere condolences to Ben's family and said, "Sadly, routine tests do not always pick up on this tragic condition and Ben's circumstances were truly unfortunate.."

What cannot be denied is that Ben Peters was never seen or examined by a qualified doctor while he was at MRI and the diagnosis by the physician associate was completely wrong. Had he received an MRI scan, it's likely that the aortic tear that killed him could have been detected and Mr Peters could have received surgery to correct the problem.

As for the GMC's ruling, I'm not sure that this in itself indemnifies a doctor against an action for medical negligence even if they have followed GMC guidance and standards. In law, all doctors owe a duty of care to their patients which requires them to provide care at a level reasonably expected of any competent doctor, nurse, midwife, surgeon etc. Many years ago, I learned about a legal concept called vicarious liability. This means that any employer can be held responsible for the unlawful actions of an employee arising from negligence or harassment or discrimination in the workplace. The law requires employers to hire competent fellow employees and this applies within the medical profession.

There have been a number of well publicised cases that have involved misdiagnosis by Physician Associates who receive less medical training than a doctor. Patients may well think they're speaking to a qualified doctor when that is not the case.