Junior doctors can sue for working over 58 hours

Doctors could sue their hospitals from next week when new restrictions on their working hours come into force.

New rules mean junior doctors must work a maximum of 58 hours a week from Sunday under the EU Working Time Directive. A recent survey found one in six hospital trusts do not think it would be able to comply.

About 40,000 junior doctors will have to reduce their hours - from up to 72 hours a week - to adhere to the new rules, which effectively mean the loss of 3,700 posts.

The Royal College of Physicians said it was concerned that "compliance will have serious long-term effects for continuity of care, patient safety and the education and training of doctors".

Some top-level nurses have taken on extra duties, such as prescribing medicines, to ensure best use is made of doctors' time, but there are still worries the shift limit will endanger patient care.

It means doctors forced to work in excess of the limit will be able to take legal action against their bosses. The British Medical Association has pledged to back them.

Each time a hospital breaches the directive it could be fined ?5,000 for every doctor by the Health and Safety Executive. It could also be taken to employment tribunals by junior doctors.

Simon Eccles, chairman of the BMA's Junior Doctors Committee, said: "This is health and safety legislation. It's being introduced to protect patients as well as doctors, and hospitals need to take it seriously.

"Where the directive is flouted, the BMA will provide doctors with information, advice and, where appropriate, legal support."

Most hospitals have introduced shift patterns which mean doctors have to work stretches of up to 13 hours. This can mean that doctors working at night cannot further their training and the BMA has promised to name and shame

hospitals that allow the directive to affect doctors' training.

Mr Eccles added: "We shouldn't forget that junior doctors are in hospitals to learn as well as look after patients. Safe hours must not mean unsafe training."

The restriction on hours will come down again, to 48 hours, in 2009.

Figures show that in London compliance with the directive varies. Last September, north-west London had the lowest number of doctors working within the limit at 76.8 per cent; in north central London, 83.4 per cent of doctors worked fewer than 58 hours; in southwest London, 83 per cent were within guidelines; in north-east London, the figure was 88 per cent; and in south-east London it was 94.3 per cent.