ABSTRACT

In a legal context there is no distinction between responsibility and accountability. Responsibility can be defined as being accountable for, answerable for and liable to be called to account. There is not just one single individual or body to whom the health professional is accountable; in fact, there are four: society, patient, employer, and professional body. Health professionals are accountable to society for issues that are in the public interest. Society dictates the kind of behaviour they will and will not accept. The discharge of accountability rests with the civil courts. Civil law is not about punishment, unlike the criminal process. A patient attends hospital as a day patient for the removal of a polyp under general anaesthetic. Due to an error with the records the patient is added to the wrong theatre list and, instead of carrying out the removal of the polyp, the patient's leg is amputated by mistake.