Junior doctors may be able to start suing hospitals as three out of four fail to meet targets on long hours, the British Medical Association (BMA) has warned.
On 1 August 2003 limits on the hours worked as well as guaranteed breaks became part of junior doctors' contractual rights. The move is a first step towards compliance with the
Working Time Regulations, which will be phased in for doctors from August 2004. Hospital trusts that do not abide by the limits on hours could have training posts taken away in addition to the possibility of legal action from disgruntled doctors.
Under the doctors' New Deal agreement of 1991, doctors should not be on their feet working for more than 56 hours a week, or do more than 72 hours of total work, including time spent on call. The July 2003 annual meeting of BMA's Junior Doctors Committee heard that thousands of junior doctors are still working outside these agreed limits on hours.
BMA's cohort study of medical graduates show that more than half of senior house officers and registrars typically work above the 56-hour weekly limit, and almost a quarter work in excess of 70 hours a week. A May survey from the BMA also confirmed excessive working hours are still widespread.
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