A practice has won court backing after removing from its lists a patient who subjected staff to abusive and threatening behaviour.
The case was initially brought five years ago under the Equality Act 2010, and later went through two appeals. Ultimately the judge ruled that the unidentified practice had not discriminated against the patient by removing them from the practice list after the incident.
The judge commented: “It seems to me that it is legitimate and necessary to protect frontline staff from abuse especially where it reaches the level of putting them in fear.”
Dr Claire Wratten, of the Medical Defence Union said the judgement should give confidence to practices in similar situations. They have witnessed a rise in claims with allegations of discrimination on the grounds of disability, Dr Wratten said.
Dr Wratten said: “This is an important judgement for GP practices and should give them confidence in following their zero tolerance approach to dealing with violent, abusive and threatening behaviour. During the court hearing, it was distressing to hear both the GP and the reception manager describe in their evidence how they felt intimidated, threatened and were shaking as a result of the exchange.
“Sadly, this type of incident is increasingly common with eight in ten GP members responding to an MDU survey reporting increasing levels of abuse from patients and their representatives. It is worth remembering that Equality Act claims are not covered by state indemnity under the clinical scheme for general practice. This demonstrates the value of MDU membership, which can come to the aid of members in defending such cases.”
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