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Examination and investigation of ongoing urinary and abdominal discomfort (03HDC03134)
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(03HDC03134, 28 June 2005)
General practitioner ~ Medical centre ~ Cancer ~ Ischaemia ~
Urinary and abdominal discomfort ~ Examination ~ Diagnosis ~ Repeat
prescriptions ~ Multiple providers ~ Test results ~ Confidentiality
~ Referral ~ Documentation ~ Systems ~ Vicarious liability ~ Rights
4(1), 4(2), 6(1)(a), 6(1)(g)
The family of a 62-year-old woman with a history of
diverticulitis and multiple pre-existing conditions complained that
there was a delay in diagnosing her and referring her to a
specialist. The woman consulted her long-time GP on a number of
occasions regarding ongoing abdominal tenderness and difficulty in
urinating. He initially attributed the woman's symptoms to urethral
irritation due to recent sexual activity. When the symptoms
persisted over the next few months, he prescribed medications to
treat diverticular disease. He stated that he examined the woman's
abdomen on a number of occasions and found no physical
irregularities, but his clinical notes did not reflect the physical
examinations he claimed took place.
The GP worked at the medical centre three days a week. Other
doctors in the practice saw his patients when he was not there. Six
months after the first consultation regarding the symptoms, the
woman saw another doctor in the practice, complaining of sore toes
and pain in her calf when walking. The doctor identified the
problem as inadequate blood supply to the foot and, when an
ultrasound revealed no abnormality, referred the woman to a
vascular specialist. Results from later hospital investigations
discovered a previously undetected heart attack, which suggested
that the cause of the blocked blood supply to the woman's foot was
a blood clot caused by the heart attack. The resulting ischaemia
led to the amputation of her leg, and the woman subsequently
died.
It was held that, when the symptoms did not resolve over time,
the first GP should have investigated the cause of the symptoms
more aggressively rather than attribute the cause to a previously
diagnosed condition. His failure to do so breached Right 4(1). The
part-time nature of his practice made it even more important that
he keep detailed records of consultations. His failure to do so
jeopardised the continuity of care provided to the woman by the
medical practice and breached Right 4(2).
The medical practice's deference to the GP's preference for
handwritten record-keeping when most of the practice kept
computerised records meant that the practice ran both manual and
electronic patient records, with information split between the two
systems. Because there is no evidence that this arrangement
compromised the woman's care, the medical practice was not found in
breach of the Code, but it was noted that the dual system
potentially put patients at risk. However, the medical practice was
vicariously liable for the GP's breaches because of its failure to
audit the performance of the doctors it contracted.
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