Leaving Hospital: A Step too Far for Risk-Based Regulation?

Med Law Rev. 2020 Dec 17;28(4):675-695. doi: 10.1093/medlaw/fwaa015.

Abstract

Discharges from hospital are internationally recognised as a dangerous time in the care pathway of a patient, posing a risk to both their physical wellbeing and dignity. This article examines the effectiveness of risk-based regulation as a tool to address patient safety incidents linked to the hospital discharge process within the English National Health Service. It examines how the risk of this process is identified, conceptualised, and prioritised amongst the relevant statutory regulators, and argues that the risk is neither uniformly recognised by the statutory regulators within the English NHS, nor sufficiently addressed. Professional regulators in particular appear to have a poor awareness of the risk and their role in addressing it. Until these issues are resolved, patients leaving hospitals will continue to be exposed to patient safety incidents which should be avoidable.

Keywords: Harm; Hospital discharges; NHS; Patient safety; Risk; Risk-based regulation.

MeSH terms

  • England
  • Humans
  • National Health Programs
  • Patient Discharge / legislation & jurisprudence*
  • Patient Discharge / standards*
  • Patient Safety / legislation & jurisprudence*
  • Patient Safety / standards*
  • Risk Management / legislation & jurisprudence*
  • Risk Management / standards*