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British medicine will be transformed by the Bristol case
"The Bristol
case," in which judgment was passed last week1 will
probably prove much more important to the future of health care in
Britain than the reforms suggested in the white papers. Reorganisations
of the NHS come round with monotonous regularity, but changes on the
wards and in surgeries are slow and often unrelated to the passing
political rhetoric.
2 3
In contrast, the Bristol case is a
once in a lifetime drama that has held the attention of doctors and
patients in a way that a white paper can never hope to match. The case
has thrown up a long list of important issues (see box) that British
medicine will take years to address. At the heart of the tragedy, which
has been Shakespearean in its scale and structure, is, as the GMC said,
"the trust that patients place in their doctors." That trust will
never be the same again, but that will be a good thing if we move to an
active rather than a passive trust, where doctors share uncertainty.
The trust between doctors and patients works on two main levels:
between individual patients and doctors and between society and
doctors' organisations. The Bristol case will affect both. The most
profound The Bristol case has already accelerated the move to provide
patients with data on the performance of doctors and
hospitals,8-10 and this has to be a good outcome.
Cardiothoracic surgeons have already taken impressive
steps,10 but they are way ahead of the pack. Doctors in
other specialties, particularly non-surgical ones, are going to have to
think hard and fast about how to gather and present data on their
performance.11 Neither gathering nor interpreting the data
is easy,12 and experts on improvement emphasise that such
data are best used as a source of knowledge for improvement rather than
for judgment.
13 14
If the Bristol case leads to an
environment where we concentrate on removing bad apples rather than
improving the whole system then both patients and doctors will suffer.
There must be mechanisms for responding to doctors whose performance
has deteriorated to an unacceptable level, but such mechanisms will
never bring about the systemic improvements that we
need.
Issues raised by the Bristol case
but least easily measured
effect may well be on the
relationship between individual doctors and patients. In the past two
weeks the case must have been in the minds of many patients consulting
doctors, particularly those about to undergo operations. Worldwide, the
doctor-patient relationship is changing.4-6 For instance,
the main theme of last week's world conference of general
practitioners in Dublin was the change from patients being passive
recipients of care to being active partners in all decisions; it was
also the theme of the first conference to celebrate the 50th
anniversary of the NHS. Evidence is growing that as patients become
equal partners in the doctor-patient relationship then outcomes and
satisfaction improve and costs fall.
4 7
If the Bristol
case hastens the move to patients being treated as equals it will have
produced real benefit.
The GMC identified several issues that arose during the course
of its inquiry that concern the practice of medicine and surgery
generally and that need to be addressed by the medical professsion.
Although dramas like the Bristol case are powerful levers for change, they tend to lead to key protagonists overreacting. Frank Dobson, the secretary of state for health, made a serious mistake last week when he announced on television that all three of the doctors in the Bristol case should have been struck off (only two were1). He has met several times with parents of the Bristol children, and it is understandable that he has been affected by their grief and outrage. Less understandably, he may also have been influenced by Labour spin doctors' interpretation of public opinion. Even the strongest supporters of the Labour government bemoan its excessive concern with media opinion. Mr Dobson cannot possibly have read the evidence produced over more than 60 days at the GMC, and in a calmer moment he surely would not advocate judgment by public opinion rather than a judicial process that operates under act of parliament.
Mr Dobson will inevitably confer with his spin doctors and
consider whether the time has come to end self regulation for doctors.
The GMC, the keystone of self regulation, has long been
criticised,
15 16
and the whole notion of self
regulation
not least for members of parliament
is suspect in this age
of increased accountability. My judgment is that the government will
decide against wholesale reform of the GMC. Firstly, although previous
presidents may have been slow to read the signs that self regulation
was under threat, the current president, Sir Donald Irvine, has
committed himself to substantial reform.
17 18
Secondly,
the government won't want to waste its time fighting with doctors
while trying to modernise the NHS: the rhetoric is all about
partnership. Thirdly, the Treasury will not want to pick up the cost of
trying errant doctors. Fourthly, a system run by non-doctors would
inevitably depend on doctors for judgments on what was acceptable, and
doctors (clever people still) would probably prove adept at subverting
a system that they didn't own. Fifthly, the government will want
to try out the many systems it has proposed in its white paper for
raising performance.
Moreover, reforming the GMC misses the point: regulation of doctors is not all about the GMC. Innumerable groups influence the practice of doctors, and some of them, I have argued elsewhere, have much more influence than the GMC.3 The council may control the ultimate sanction of removing a doctor's licence to practise, but its influence is not felt every day: to the average doctor it feels distant. In contrast, teachers and colleagues have both power and everyday influence. Royal colleges and postgraduate deans also have great influence, and they must recognise their role in self regulation. It is this local, everyday self regulation that has been especially weak, but there are now signs that it is being taken seriously.19 The challenge is to maintain the impetus for improvement created by the Bristol case and turn fine words into effective actions.
The consequence for the British medical profession of failing to act effectively could be serious. The BMJ and other journals publish many studies showing that doctors fail to practise in line with the best evidence and continue to provide poor service: just last week the BMJ published the results of a confidential inquiry showing poor care of many patients before admission to intensive care units.20 The government has proposed in its white paper the concept of clinical governance, which means that trust boards will be responsible not only for financial and legal affairs but also for ensuring a high standard of clinical care. It remains ambivalent over how much clinical governance is management of or management by clinicians. Failure of doctors' organisations to implement much better mechanisms for ensuring high quality of care may lead to the micromanagement of doctors that is routine in the United States.
Richard SmithBMJ
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