Occupational health physicians and tribunals.
نویسنده
چکیده
Kloss makes a number of key observations about the role of occupational health (OH) practitioners in relation to tribunal cases [1]. She states the importance of tribunals understanding the expertise of those in OH, but then describes a doctor with an Associate of the Faculty of Occupational Medicine as a 'specialist'. An understandable error, but it does emphasize the difficulties non-medical tribunal chairmen and members have in understanding not just what title or qualification a doctor may have but what this actually means in practice. In the UK, only those with MFOM or FFOM (Members and Fellows of the Faculty of Occupational Medicine) are entitled to use the term 'specialist' and are included on the specialist register of the GMC. Similar errors are often made about 'specialist reports'. Often the 'specialist report' has in fact been prepared by a trainee, particularly in psychiatry, and although a consultant (specialist) may have checked the report, they may not have seen the patient. The trainee may be on a general practitioner (GP) training scheme, and may have only just started a 6-month rotation in that speciality. The report must be considered with this in mind. Kloss also acknowledges that as an expert witness, the OH professional must not be 'partisan', suggesting that they might otherwise be so. Ethically, we must always provide balanced, objective reports [2]. This is the key difference between occupational physicians and treating clinicians who are generally expected to be the patient advocate. It is perhaps this that tribunal chairmen need to appreciate. It is not uncommon for specialists and GPs to provide advice that is neither evidence based nor factually correct just because they have been asked to write this in a report to the employer. The government itself has acknowledged that statements by treating clinicians on a Med 3 (sick note) often just repeat the view of the patient without any attempt at objective assessment [3]. Tribunals should always view reports from treating clini-cians with a critical eye. Kloss also states that only around a third of tribunal cases actually come to trial. For disability cases, the figure is 9% [4]. In those cases that actually do come to trial, tribunals do occasionally take a robust view of clinical 'evidence' where this is not clearly objective and evidence based [5]. What of the 91% of cases rejected, settled or withdrawn? How many are settled or withdrawn on the …
منابع مشابه
Are tribunals given appropriate and sufficient evidence for disability claims?
BACKGROUND Occupational physicians are sometimes surprised at the decisions made by employment tribunals. AIM To assess employment tribunal judgements on disability discrimination in order to determine whether the evidence placed before the tribunal was appropriate and sufficient. METHOD Qualitative review of recorded tribunal judgements for an 18-month period between 1 January 2005 and 31 ...
متن کاملEmployment tribunals and occupational health practitioners.
Employment tribunals (ETs) (formerly named industrial tribunals) were first created in the 1960s under the Industrial Training Act. The current level of activity is .100 000 cases that are commenced each year, though less than a third of those come to trial. Principal complaints are of unfair dismissal and claims under the antidiscrimination laws, which now extend to discrimination on grounds o...
متن کاملCorrelation between occupational burnout and personality dimensions among physicians working in hospitals of Rafsanjan University of Medical Sciences, Iran, 2016
Background: Occupational burnout is an emotional response to chronic occupational stress. The aim of this study was determine the rate of occupational burnout among physicians working in Rafsanjan University hospitals Rafsanjan, Iran, and its correlation with personality dimensions: 2016. Materials and Methods: In this descriptive and correlational study, 161 physicians were recruited using t...
متن کاملPrevalence of Musculoskeletal Disorders among Physicians at Mortaz Hospital in Yazd, Iran (2020)
Background: Due to their difficult working conditions, physicians are prone to injuries and musculoskeletal disorders affecting different parts of the body. This study aimed to investigate the prevalence of musculoskeletal disorders among physicians at Mortaz hospital in Yazd, Iran (2020) Materials and Methods: The present study is a cross-sectional descriptive study conducted on 50 physicians...
متن کاملOccupational health nurses' activity after general health examination for workers.
In this study, the present condition of occupational health nurse's role after performing general health examination was surveyed. Questionnaires were mailed to 41 companies, and returned questionnaires from 24 of them were analyzed. Although general health examination results were reported to all workers individually in 100% of companies, physician's opinion regarding the examination results w...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید
ثبت ناماگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید
ورودعنوان ژورنال:
- Occupational medicine
دوره 57 8 شماره
صفحات -
تاریخ انتشار 2007