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MAKING S E N S E OF
RISK MANAGEMENT
Second Edition
In a nutshell . . . What you really need to know about risk management,
clinical governance and law and ethics
Radcliffe Publishing
Oxford • Seattle
CRC Press
Taylor & Francis Group
6000 Broken Sound Parkway NW, Suite 300
Boca Raton, FL 33487-2742
This book contains information obtained from authentic and highly regarded sources. While all
reasonable efforts have been made to publish reliable data and information, neither the author[s] nor
the publisher can accept any legal responsibility or liability for any errors or omissions that may be
made. The publishers wish to make clear that any views or opinions expressed in this book by
individual editors, authors or contributors are personal to them and do not necessarily reflect the
views/opinions of the publishers. The information or guidance contained in this book is intended for
use by medical, scientific or health-care professionals and is provided strictly as a supplement to the
medical or other professional’s own judgement, their knowledge of the patient’s medical history,
relevant manufacturer’s instructions and the appropriate best practice guidelines. Because of the rapid
advances in medical science, any information or advice on dosages, procedures or diagnoses should
be independently verified. The reader is strongly urged to consult the relevant national drug formulary
and the drug companies’ and device or material manufacturers’ printed instructions, and their
websites, before administering or utilizing any of the drugs, devices or materials mentioned in this
book. This book does not indicate whether a particular treatment is appropriate or suitable for a
particular individual. Ultimately it is the sole responsibility of the medical professional to make his or
her own professional judgements, so as to advise and treat patients appropriately. The authors and
publishers have also attempted to trace the copyright holders of all material reproduced in this
publication and apologize to copyright holders if permission to publish in this form has not been
obtained. If any copyright material has not been acknowledged please write and let us know so we
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Preface iv
About the authors vi
Dedication viii
Introduction 1
Risk management 5
The duties of a general practitioner 7
Professional indemnity requirements 10
Handling complaints 15
The General Medical Council 20
Competence and continuing professional development 25
Clinical negligence 34
The telephone: getting wired 47
Examining and treating the patient 51
Cutting the risk out of surgery 60
Dealing with difficult patients 67
Consent 76
Confidentiality 83
Patient records and the law 91
Medical records 95
Personal relationships with patients 102
Whistleblowing 105
Chaperones 107
Domiciliary visiting 110
Locums and risk 112
Managing patient expectations 115
Risk and finance 120
Getting to grips with communication 133
Information technology and risk management 137
Reviewing the practice 142
Health and safety 1 147
Health and safety 2 173
Employment issues and risk 179
Risk and the media 188
Clinical governance 197
Annex - stop press! 205
Index 214
iii
PREFACE
It is five years since the first edition of this book. In that time a great deal has
changed.
The concept of local Primary Care Groups coinciding with natural geo-
graphical boundaries and alignment with other local service providers seems
to be a distant memory. PCGs have merged, disappeared and given way to
PCTs, who have now become PCOs. Regional Health Authorities are a thing
of the past, they are now 'strategic'. Foundation Trusts are the Government's
flagship policy and as if to go full circle, it looks as though practice-based
commissioning will reinvent something very like the GP fundholding
policies of the early nineties.
The new General Medical Services Contract has emerged. Its birth seemed
to be more the product of exasperation than careful thought about the
future of primary care. Some say it marks the end of traditional vocational
medicine.
Patients are starting to look back, fondly, to the times when they would go
and see his or her 'own GP'. Like it or not, the practice of medicine and the
practices themselves have changed forever.
Changed, too, is the environment in which medicine is practised. It is a
litigious environment. An environment where risks must be identified in
advance, hazards predicted and responses tailored and measured.
The media are full of stories about doctors' errors and health service foul-
ups. The Government encourages the public to complain. TV and radio
advertisements on behalf of solicitors prepared to work on a no-win, no-fee
basis are endemic.
In the first edition of this book we said that there is no sin in getting
something wrong. It could happen to a saint. The sin is failing to handle it
properly when it does go wrong. It is important to recognise the problem, to
act quickly to minimise the adverse consequences, to apologise where
appropriate and to take steps to ensure that it doesn't go wrong again.
Eliminating risk is what lets you sleep at night.
iv
Preface v
That was then and this is now. We stand by the advice and we wouldn't
change it. Except that the sins have taken on the proportion of a felony!
Risk management is simple enough - work out what can go wrong and
plan for the eventuality. An up-market version of Murphy's Law ('If
something can go wrong it will'). The smart thing is to spot a problem in
the making and do something about it in advance.
This is a 'do something about it' kind of book. Not rocket science, just
common sense.
As we told you in 1999, you can decide to stay in bed and pull the covers
over your head. On the other hand, if you need to earn a living, and you
want it to be as stress-free as possible, try making sense of risk management.
We hope this book helps!
Paul Lambden
Roy Lilley
February 2005
A B O U T THE
AUTHORS
Roy Lilley is a writer and broadcaster on health and social issues. He is the
originator of the best-selling Tool Kit series of books on health service
management and has written or co-written over 20 books. Formerly he
was a visiting fellow at the Management School, Imperial College, London.
vi
About the authors vii
As a first-wave NHS Trust Chairman, his trust became the first in the UK
to achieve BS 5750 (ISO 9001) quality accreditation for the whole of their
services along with Investors in People approval for the whole of the HR and
training strategies. Roy now works across the NHS to help with the
challenges of modern management and is an enthusiast for radical policies
that address the real needs of patients, professionals and the communities
they serve.
DEDICATION
viii
INTRODUCTION
OK, we know, you're not going to read this book from cover-to-cover.
Risk, law and ethics? Clinical Governance? What a bodice ripper!
Fear not! If you have a low boredom threshold, short attention span or lots
of other interests, so do we! This is the book for you.
It is divided into short, distinct sections, each of which can be read in
isolation. Only the anorak wearers are expected to read more than a few
pages at a time. For the rest, look at it between patients, in the bath, on the
loo or during the adverts on the telly.
Some of it will be of no interest to you. Skip past those bits. Pick out those
parts that look as though they may actually be useful. Make sure that the kettle
is on and that you have a nice biscuit to go with the regular cups of tea and
coffee.
So, start as you mean to go on, make a brew and flick through the book.
-
Welcome back!
You will have noticed that law, ethics and risk management do not appear
as separate sections. This is because they can be too boring and dense, so
we've rolled them together, inter-relating them.
Smart readers will have spotted that the theories of ethics and the details
of the law are also missing. They are left out on the 'you don't need to
understand an engine to drive a car' principle.
Think boxes are there to get you thinking - obvious really. Some of them
are provocative and some are there for a shameless bit of fun.
1
2 Introduction
0
Tips are shortcuts and quick fixes that will get you to an answer faster, or
they might just be good stufi worth taking special note of.
©
Exercises are issues for you to work on and to use as ideas for brainstorming,
for discussion with colleagues, or just to help you get your ideas straight - or
a bright idea worth noting and taking some action on.
http://www . . . There are plenty of web addresses where you can find more
detail. They come with a health
warning. Web addresses are no- This book is written, for the most
torious for changing or disap- part, in the second person. It seems
pearing altogether. At the time friendlier that way.
of going to press they were all However, some of the sections are
nicely up-to-date. If, by the clearly aimed at GPs and others - man-
time you get there, they are agers, receptionists, nurses, health
not - sorry! Try Googling the visitors and admin staff.
topic and see if you can find In other words, the practice team.
some help. Also, some of the We don't see any reason why a man-
long web addresses may ager shouldn't read the bits for the docs
change. If you have a problem, and the docs read the bits for the recep-
try just the first part of the tionist and so on. That way everyone
address and navigate your way gets a feel for the challenges, risks and
to what you want from the problems facing each other.
opening page. And it's interesting isn't it?
Introduction 3
• Risk (n. & v.) - n. A chance or possibility of danger. Loss, injury or other
adverse consequence.
• Management - n. The professional administration of business concerns.
• Risk management - Incomprehensible guru-speak and a task that is
someone else's job.
The strand that links ethics, law and risk is that primary care practices
provide a standard expected by society, identified by ethics, upheld by law
and with breaches minimised by risk management.
That's the explanations out of the way. Rip out the bits you like, dump the
bits you don't and . . . good luck.
4 Introduction
T H E HIERARCHY O F RISK
The sensible practice acknowledges that risks are a part of life, but the team
does not take risks knowingly and tries to think about the things that can go
wrong and takes steps to see that they don't. A sound system of internal
controls helps to develop strategies, processes and contingency plans to
prioritise the practice's efforts in favour of those events that are most likely
to cause the most damage or lead to the greatest losses to the practice's
investment, assets and reputation.
O R G A N I S A T I O N A L RISK MANAGEMENT
RISK MANAGEMENT
There is no doubt that, across the board, claims are increasing. The medical
profession is no exception. Claims against doctors and practices are on the
increase, too. Why? For five main reasons:
1 The public is more litigious and less tolerant of a medical outcome that is
less than ideal.
2 It has become much more acceptable - perhaps even fashionable - to
complain.
3 The Government encourages complaints about all public services.
4 There are increasing items in the media about poor healthcare.
5 There have been changes in the legal framework, particularly the advent
of no-win, no-fee arrangements, that encourage claims.
Exercise
Here are the four simple Principles of
Let's start with the basics and the
Risk Management, in plain English:
blindingly obvious. Have a look at
the practice and see what risks you
1 Identify the risk: What can go
are exposed to - the dodgy electric
wrong?
plug, the dangling wire, the curly
2 Analyse the risk: How likely is it
edge of a carpet. It takes 10 minutes
to go wrong and how serious an
and may save a fortune in claims!
impact might it have?
5
6 Risk management
Remember, a claim from a damaged patient not only has financial and
professional consequences but often severe personal and emotional con-
sequences as well.
Increased exposure to risk may occur for a variety of reasons.
Not being up to date with the latest best practice, guidance or technology
Managing a situation badly and a
complication develops with a patient's Tip
care.
It is everyone's job to be aware
A failure of continuity of care.
of risk management. Encour-
A breakdown in communication.
age it, support it, reward it and
Failure to act to maintain the prac-
be pleased when staff spot a
tice's assets.
problem. Don't shout at them
Failure to properly manage finance.
for whingeing!
Actions that lead to damage to reputa-
tion.
Actions that lead to damage to relationships with family, colleagues or
staff.
The GMC has been overseeing and regulating the medical profession since it
was established under the Medical Act of 1858. It has strong and effective
legal powers designed to maintain the standards that the public have come
to expect. The GMC has produced a set of criteria, compliance with which
should ensure that the profession maintains a good standard of practice and
shows appropriate respect for human life.
7
8 The duties of a general practitioner
Of course, all doctors read these criteria every day but, just in case you
haven't had your fix today, these are your duties. As a doctor you must:
In all these matters you must never discriminate unfairly against your
patients or colleagues. And you must always be prepared to justify your
actions to them.
After all this a cup of coffee is in order!
find him or herself brought before the GMC to explain and justify why he or
she did not make the report. The punishment for failure of the doctor to
report could be as severe as that for the doctor whose performance was
compromised.
It is the code of practice that holds the profession in good stead with
society and which elevates the practitioners above those healthcare profes-
sions in the more peripheral specialities where questions of quality and
standard remain unresolved because no such codes exist.
© Exercise
Which of the following incidents or circumstances should you notify to
the insurer?
• a patient who develops haematuria after you have injected his piles
• someone who feels that you have breached confidentiality to his wife
• someone who claims that you have undertaken treatment for which
she did not consent
• a patient who had symptoms suggestive of a spinal tumour but who
you forgot to refer to a specialist for two weeks.
PROFESSIONAL
INDEMNITY
REQUIREMENTS
In recent years GPs have seen some dramatic changes in their indemnity
arrangements. Costs of premiums have risen rapidly as the number of claims
and their associated legal costs have increased. Traditionally, professional
indemnity has been provided by three defence organisations: the Medical
Protection Society, the Medical and Dental Defence Union of Scotland and
the Medical Defence Union. All three organisations have been in existence
for over a century. More recently The St Paul International Insurance
Company entered the market in 1999, only to leave three years later after
the events of September 11 2001. Recently another insurer has launched a
new policy.
Here's the lowdown.
Indemnity may be provided within the How does the
insurance industry either on a claims-made defence market operate?
or an occurrence basis. Claims-made cover is Is there likely to be a pro-
provided currently by the Medical Defence liferation of defence
Union along with other insurers. organisations? Are they
It does 'what it says on the tin'. With necessary?
a claims-made arrangement, the policy
responds to a claim. The term 'claim' is really a poor term because it implies
that the insurer is only interested in situations where a GP receives a
solicitor's letter alleging professional misconduct or where the General
Medical Council notifies the GP of a complaint.
Not true! The insurer's interest is in fact much wider. It is a requirement to
notify the company, not only about the big events mentioned above but also
about patient complaints made verbally or in writing to the GP, about
10
Professional indemnity requirements 11
enquiries from patients or legal firms for copies or sight of the medical
records (using the Data Protection Act 1998) and of any incident or
circumstance that might, later, give rise to any sort of claim.
By contrast an occurrence-based cover provides indemnity depending on
when the 'incident' occurred. The Medical Protection Society and the
Medical and Dental Defence Union of Scotland both provide indemnity on
this basis. The event in question may have taken place months or years
earlier but as long as the indemnity was in place at the time of the incident
the GP can seek assistance. An occurrence indemnifier needs to be notified
of all the same events and incidents.
Got any questions so far? Of course you have:
IS A CLAIMS-MADE O R AN O C C U R R E N C E P O L I C Y
BETTER?
• mutual societies:
• The Medical Protection Society
• The Medical and Dental Defence Union of Scotland
• mixed insurer with a mutual society overlay:
• The Medical Defence Union.
If any new indemnity (defence) organisations enter the market they will
almost certainly be insurance companies and it is extremely unlikely that a
new mutual society will appear.
Mutual societies originated as organisations where groups of individuals
united to pool resources to defend themselves on a 'one for all, all for one'
basis. Undoubtedly this was successful during the twentieth century but
there is little doubt that increasing claims rates and rising legal costs may
have placed some mutual societies under pressure. This is a worldwide
phenomenon.
In 2002, United, the largest Australian mutual society, went into provi-
sional liquidation when its reserves were inadequate to meet actual and
anticipated claims. As a result the Australian Government changed the
legislation to outlaw mutual medical defence organisations and to ensure
that all cover provided was by insurance companies.
In the UK defence industry mutual societies have key differences from
insurers:
• The cover they provide is discretionary. This means that the member has
no automatic right to assistance or support if a claim is made against him
or her but depends on the approval generally of the Council of the
organisation. Clearly this is no problem when reserves are plentiful but
if the organisation is under financial pressure, of the type experienced by
United in Australia, many people fear that the practitioner may find him
or herself exposed to huge financial liabilities. As a mutual society gives
no automatic right to indemnity, it should more correctly be described as
providing professional negligence services.
Professional indemnity requirements 13
The indemnifier will provide assistance and support when any incidents or
circumstances are notified. Normally the first contact will be with a medico-
legal adviser who will provide initial advice and, where a claim is identified,
will work with the claims team, either in the mutual society or in the
insurance company that underwrites the cover to ensure that the GP
receives all necessary advice to react quickly. The GP should be informed
and involved at all stages of the claims process.
Any high-quality medical
defence organisation will have
as its aim the provision of high- If you have any concerns or
quality, rapid assistance to its problems associated with your profes-
members or policyholders. sional activities, be sure your cover
All good defence organisations meets your requirements. You should
understand how distressing a be asking yourself whether the
claim may be and how import- organisation has adequate reserves,
ant it is to be able to speak to whether it provides good medico-
another healthcare professional legal advice and whether it will be
whenever it is necessary. there to respond without question
A GP's whole future could when you need it.
depend on it!
OK, take a break - enough complicated stufi. Time for another cuppa.
HANDLING
COMPLAINTS
15
16 Handling complaints
If you are going to respond aggressively you must be sure that you are
absolutely right and that you have no regard for any consequences.
Consequences? Here's a few: regulatory body interest, bad publicity
and damage to reputation. Enough? Get the picture?
Take into account not only to whom the letter is written but also who
else may see it. Although it may be addressed to an individual who has
complained, the likelihood
is that it will be shown to
others; friends, relatives, Light relief
Citizens' Advice Bureau, Handling complaints is an art. Patient
etc. The complainant may complaints are often colourful: here are
even agree (at least pri- a few that caused some consternation:
vately) with what you • The GP's suggestion that the diagnosis
have said but it may not would only be made at post mortem
sound so good to others was entirely unacceptable.
who were less personally • When I tried to make an appointment,
involved. I discovered you were on holiday. The
5 Do not miss out difficult receptionist refused to give me your
bits: It is often the case holiday address.
that a complaint letter • To be told that people as old and fat as
raises a number of issues. me should not go to the gym was
Even if one or more of the abrupt to the point of offence.
matters is embarrassing or
difficult, it is unwise to
leave it out in the hope Oh dear
that detailed answers to Sadly, replies in draft responses are often
more minor complaints no better:
will distract the patient • I am well-known for my obtuse
from the key issue. It will manner.
not. You will simply • I am naturally disappointed that my
receive a further letter manipulation of your lumbar spine
specifically directed to the was ineffective but pleased that your
difficult complaint, which appendicectomy was successful.
will then be more awk- • If I ever see you again it will be much
ward to answer effectively. too soon!
6 A conciliator: Sometimes
complaints are complex
or have many facets and they may become bogged down in a morass
of correspondence which may become acrimonious. In such circum-
stances a conciliator may be very helpful. Available through the PCT, the
18 Handling complaints
done your honest best, it is not the end of your professional world. If
your decisions are reviewed by other GPs and they agree you've done
your best and acted appropriately, just as they might have done, then
your world will keep turning.
What you must do is to use your professional skills to make a
reasonable assessment of the patient and to provide the standard of
care an ordinarily skilled GP would have provided. No one comes to
work, intent on getting it wrong, but in the course of a GP's professional
life, as with any other profession, something will go wrong. It is the
measure of the person how they respond.
If you get a complaint tell your defence organisation immediately. Get
help to manage the complaint and write
the reply. If you can satisfy the patient
After all, you don't
and resolve the complaint quickly you
want to meet an ugly
will have a less stressful practising life
lawyer, do you?
and a much lower risk of a claim.
THE GENERAL
MEDICAL COUNCIL
(or whatever comes
next - see Annex)
The General Medical Council (GMC) is the regulatory body for all GPs. All
GPs must be registered with the GMC to be able to practise and for the
privilege of registration they must pay an annual retention fee.
The medical profession, like a number of other mainstream healthcare
professions, enjoys self-regulation. In other words, the regulation of the
profession (education, standards, keeping a register and discipline) is done
by the profession itself rather than by an outside agency.
Following the Shipman case, the GMC has
come under huge scrutiny and as a result, the For most GPs
Government has created statutory bodies such as the GMC is regarded
the Council for Healthcare Regulatory Excellence as an organisation
(formerly known as the Council for the Regula- that takes a subscrip-
tion of Healthcare Professionals), which has tion annually and
powers to intervene in the disciplinary process causes them problems
(and which has done so in a few cases). if a patient complains
In general their involvement to date has been about them.
in those cases where it was held that the GMC
had been too lenient in cases where a doctor had been found guilty of
professional misconduct.
From an insurance point of view, it is important not to incur the interest
of the GMC if at all possible because hearings are traumatic for the GP
and expensive for the insurer (with consequent implications for future
premiums).
20
Another random document with
no related content on Scribd:
other, and would very naturally be spoken of as near neighbors. The most weighty
argument, however, rests on a passage in Mark vi. 45, where it is said that Jesus
constrained his disciples to “get into a vessel, to go before him to the other side unto
Bethsaida,” after the five thousand had been fed. Now the parallel passage in John vi. 17,
says that they, following this direction, “went over the sea towards Capernaum,” and that
when they reached the shore, “they came into the land of Gennesaret,” both which are
understood to be on the western side. But on the other hand, we are distinctly told, by Luke,
(ix. 10,) that the five thousand were fed in “a desert place, belonging to (or near) the city
which is called Bethsaida.” On connecting these two passages, therefore, (in John and
Mark,) according to the common version, the disciples sailed from Bethsaida on one side, to
Bethsaida on the other, a construction which has been actually adopted by those who
maintain the existence of two cities of the same name on different sides of the lake. But
what common reader is willing to believe, that in this passage Luke refers to a place totally
different from the one meant in all other passages where the name occurs, and more
particularly in the very next chapter, (x. 13,) where he speaks of the Bethsaida which had
been frequented before by Jesus, without a word of explanation to show that it was a
different place? But in the expression, “to go before him to the other side, to Bethsaida,” the
word “to” may be shown, by a reference to the Greek, to convey an erroneous idea of the
situation of the places. The preposition προς, (pros,) may have, not merely the sense of to,
with the idea of motion towards a place, but in some passages even of Mark’s gospel, may
be most justly translated “near,” or “before,” (as in ii. 2, “not even about” or “before” the
door, and in xi. 4, “tied by” or before “the door.”) This is the meaning which seems to be
justified by the collocation here, and the meaning in which I am happy to find myself
supported by the acute and accurate Wahl, in his Clavis Novi Testamenti under προς, which
he translates in this passage by the Latin juxta, prope ad; and the German bey, that is, “by,”
“near to,” a meaning supported by the passage in Herodotus, to which he refers, as well as
by those from Mark himself, which are given above, from Schleusner’s references under
this word, (definition 7.) Scott, in order to reconcile the difficulties which he saw in the
common version, has, in his marginal references, suggested the meaning of “over against,”
a rendering, which undoubtedly expresses correctly the relations of objects in this place,
and one, perhaps, not wholly inconsistent with Schleusner’s 7th definition, which is in Latin
ante, or “before;” since what was before Bethsaida, as one looked from that place across
the river, was certainly opposite to that city. I had thought of this meaning as a desirable one
in this passage, but had rejected it, before I saw it in Scott, for the reason, that I could not
find this exact meaning in any lexicon, nor was there any other passage in Greek, in which
this could be distinctly recognized as the proper one. The propriety of the term, however, is
also noticed, in the note on this passage in the great French Bible, with commentaries,
harmonies, &c. (Sainte Bible en Latin et Francois avec des notes, &c. Vol. xiv. p. 263, note,)
where it is expressed by “l’autre cote du lac, vis-a-vis Bethsaide: c. a. d. sur le bord
occidental opposé a la ville Bethsaide que etait sur le bord oriental,” a meaning undoubtedly
geographically correct, but not grammatically exact, and I therefore prefer to take “near,” as
the sense which both reconciles the geographical difficulties, and accords with the
established principles of lexicography.
After all, the sense “to” is not needed in this passage, to direct the action of the verb of
motion (προαγειν, proagein, “go before,”) to its proper object, since that is previously done by
the former preposition and substantive, εις το περαν, (eis to peran.) That is, when we read
“Jesus constrained his disciples to go before him,” and the question arises in regard to the
object towards which the action is directed, “Whither did he constrain them to go before
him?” the answer is in the words immediately succeeding, εις το περαν, “to the other side,”
and in these words the action is complete; but the mere general direction, “to the other
side,” was too vague of itself, and required some limitation to avoid error; for the place to
which they commonly directed their course westward, over the lake, was Capernaum, the
home of Jesus, and thither they might on this occasion be naturally expected to go, as we
should have concluded they did, if nothing farther was said; therefore, to fix the point of their
destination, we are told, in answer to the query, “To what part of the western shore were
they directed to go?” “To that part which was near or opposite to Bethsaida.” The objection
which may arise, that a place on the western side could not be very near to Bethsaida on
the east, is answered by the fact that this city was separated from the western shore, not by
the whole breadth of the lake, but simply by the little stream of Jordan, here not more than
twenty yards wide, so that a place on the opposite side might still be very near the city. And
this is what shows the topographical justness of the term, “over against,” given by Scott,
and the French commentator, since a place not directly across or opposite, but down the
western shore, in a south-westerly direction, as Capernaum was, would not be very near
Bethsaida, nor much less than five miles off. Thus is shown a beautiful mutual illustration of
the literal and the liberal translations of the word.
Macknight ably answers another argument, which has been offered to defend the
location of Bethsaida on the western shore, founded on John vi. 23. “There came other
boats from Tiberias, nigh unto the place where they did eat bread,” as if Tiberias had been
near the desert of Bethsaida, and consequently near Bethsaida itself. “But,” as Macknight
remarks, “the original, rightly pointed, imports only, that boats from Tiberias came into some
creek or bay, nigh unto the place where they did eat bread.” Besides, it should be
remembered that the object of those who came in the boats, was to find Jesus, whom they
expected to find “nigh the place where they ate bread,” as the context shows; so that these
words refer to their destination, and not to the place from which they came. Tiberias was
down the lake, at the south-western corner of it, and I know of no geographer who has put
Bethsaida more than half way down, even on the western shore. The difference, therefore,
between the distance to Bethsaida on the west and to Bethsaida on the east, could not be
at most above a mile or two, a matter not to be appreciated in a voyage of sixteen miles,
from Tiberias, which cannot be said to be near Bethsaida, in any position of the latter that
has ever been thought of. This objection, of course, is not offered at all, by those who
suppose two Bethsaidas mentioned in the gospels, and grant that the passage in Luke ix.
10, refers to the eastern one, where they suppose the place of eating bread to have been;
but others, who have imagined only one Bethsaida, and that on the western side, have
proposed this argument; and to such the reply is directed.
For all these reasons, topographical, historical and grammatical, the conclusion of the
whole matter is――that there was but one Bethsaida, the same place being meant by that
name in all passages in the gospels and in Josephus――that this place stood within the
verge of Lower Gaulanitis, on the bank of the Jordan, just where it passes into the
lake――that it was in the dominions of Philip the tetrarch, at the time when it is mentioned
in the gospels, and afterwards was included in the kingdom of Agrippa――that its original
Hebrew name, (from ביתbeth, “house,” and צדה, tsedah, “hunting, or fishing,” “a house of
fishing,” no doubt so called from the common pursuit of its inhabitants,) was changed by
Philip into Julias, by which name it was known to Greeks and Romans.
By this view, we avoid the undesirable notion, that there are two totally different places
mentioned in two succeeding chapters of the same gospel, without a word of explanation to
inform us of the difference, as is usual in cases of local synonyms in the New Testament;
and that Josephus describes a place of this name, without the slightest hint of the
remarkable fact, that there was another place of the same name, not half a mile off, directly
across the Jordan, in full view of it.
The discussion of the point has been necessarily protracted to a somewhat tedious
length; but if fewer words would have expressed the truth and the reasons for it, it should
have been briefer; and probably there is no reader who has endeavored to satisfy himself
on the position of Bethsaida, in his own biblical studies, that will not feel some gratitude for
what light this note may give, on a point where all common aids and authorities are in such
monstrous confusion.
For the various opinions and statements on this difficult point, see Schleusner’s,
Bretschneider’s and Wahl’s Lexicons, Lightfoot’s Chorographic century and decade,
Wetstein’s New Testament commentary on Matthew iv. 12, Kuinoel, Rosenmueller,
Fritzsche, Macknight, &c. On the passages where the name occurs, also the French
Commentary above quoted,――more especially in Vol. III. Remarques sur le carte
geographique section 7, p. 357. Paulus’s “commentar ueber das neue Testament,” 2d
edition, Vol. II. pp. 336‒342. Topographische Erlaeuterungen.
Lake Gennesaret.――This body of water, bearing in the gospels the various names of
“the sea of Tiberias,” and “the sea of Galilee,” as well as “the lake of Gennesaret,” is formed
like one or two other smaller ones north of it, by a widening of the Jordan, which flows in at
the northern end, and passing through the middle, goes out at the southern end. On the
western side, it was bounded by Galilee proper, and on the east was the lower division of
that portion of Iturea, which was called Gaulanitis by the Greeks and Romans, from the
ancient city of Golan, (Deuteronomy iv. 43; Joshua xx. 8, &c.) which stood within its limits.
Pliny (book I. chapter 15,) well describes the situation and character of the lake. “Where the
shape of the valley first allows it, the Jordan pours itself into a lake which is most commonly
called Genesara, sixteen (Roman) miles long, and six broad. It is surrounded by pleasant
towns; on the east, it has Julias (Bethsaida) and Hippus; on the south, Tarichea, by which
name some call the lake also; on the west, Tiberias with its warm springs.” Josephus also
gives a very clear and ample description. (Jewish War, book 3, chapter 9, section 7.) “Lake
Gennesar takes its name from the country adjoining it. It is forty furlongs (about five or six
miles) in width, and one hundred and forty (seventeen or eighteen miles) in length; yet the
water is sweet, and very desirable to drink; for it has its fountain clear from swampy
thickness, and is therefore quite pure, being bounded on all sides by a beach, and a sandy
shore. It is moreover of a pleasant temperature to drink, being warmer than that of a river or
a spring, on the one hand, but colder than that which stands always expanded over a lake.
In coldness, indeed, it is not inferior to snow, when it has been exposed to the air all night,
as is the custom with the people of that region. In it there are some kinds of fish, different
both in appearance and taste from those in other places. The Jordan cuts through the
middle of it.” He then gives a description of the course of the Jordan, ending with the remark
quoted in the former note, that it enters the lake at the city of Julias. He then describes, in
glowing terms, the richness and beauty of the country around, from which the lake takes its
name,――a description too long to be given here; but the studious reader may find it in
section eighth of the book and chapter above referred to. The Rabbinical writers too, often
refer to the pre-eminent beauty and fertility of this delightful region, as is shown in several
passages quoted by Lightfoot in his Centuria Chorographica, chapter 79. The derivation of
the name there given from the Rabbins, is גני סרים, ginne sarim, “the gardens of the princes.”
Thence the name genne-sar. They say it was within the lands of the tribe of Naphtali; it must
therefore have been on the western side of the lake, which appears also from the fact that it
was near Tiberias, as we are told on the same authority. It is not mentioned in the Old
Testament under this name, but the Rabbins assure us that the place called Cinnereth, in
Joshua xx. 35; Chinneroth in xi. 2, is the same; and this lake is mentioned in xiii. 27, under
the name of “the sea of Chinnereth,”――“the sea of Chinneroth,” in xii. 3, &c.
The best description of the scenery, and present aspect of the lake, which I can find, is
the following from Conder’s Modern Traveler, Vol. 1. (Palestine) a work made up with great
care from the observations of a great number of intelligent travelers.
“The mountains on the east of Lake Tiberias, come close to its shore, and the country on
that side has not a very agreeable aspect; on the west, it has the plain of Tiberias, the high
ground of the plain of Hutin, or Hottein, the plain of Gennesaret, and the foot of those hills
by which you ascend to the high mountain of Saphet. To the north and south it has a plain
country, or valley. There is a current throughout the whole breadth of the lake, even to the
shore; and the passage of the Jordan through it, is discernible by the smoothness of the
surface in that part. Various travelers have given a very different account of its general
aspect. According to Captain Mangles, the land about it has no striking features, and the
scenery is altogether devoid of character. ‘It appeared,’ he says, ‘to particular disadvantage
to us, after those beautiful lakes we had seen in Switzerland; but it becomes a very
interesting object, when you consider the frequent allusions to it in the gospel narrative.’ Dr.
Clarke, on the contrary, speaks of the uncommon grandeur of this memorable scenery. ‘The
lake of Gennesaret,’ he says, ‘is surrounded by objects well calculated to highten the
solemn impression,’ made by such recollections, and ‘affords one of the most striking
prospects in the Holy Land. Speaking of it comparatively, it may be described as longer and
finer than any of our Cumberland and Westmoreland lakes, although perhaps inferior to
Loch Lomond. It does not possess the vastness of the Lake of Geneva, although it much
resembles it in certain points of view. In picturesque beauty, it comes nearest to the Lake of
Locarno, in Italy, although it is destitute of any thing similar to the islands by which that
majestic piece of water is adorned. It is inferior in magnitude, and in the hight of its
surrounding mountains, to the Lake Asphaltites.’ Mr. Buckingham may perhaps be
considered as having given the most accurate account, and one which reconciles, in some
degree, the different statements above cited, when, speaking of the lake as seen from Tel
Hoom, he says, ‘that its appearance is grand, but that the barren aspect of the mountains
on each side, and the total absence of wood, give a cast of dulness to the picture; this is
increased to melancholy, by the dead calm of its waters, and the silence which reigns
throughout its whole extent, where not a boat or vessel of any kind is to be found.’
“Among the pebbles on the shore, Dr. Clarke found pieces of a porous rock, resembling
toad-stone, its cavities filled with zeolite. Native gold is said to have been found here
formerly. ‘We noticed,’ he says, ‘an appearance of this kind; but, on account of its trivial
nature, neglected to pay proper attention to it. The water was as clear as the purest crystal;
sweet, cool, and most refreshing. Swimming to a considerable distance from the shore, we
found it so limpid that we could discern the bottom covered with shining pebbles. Among
these stones was a beautiful, but very diminutive, kind of shell; a nondescript species of
Buccinum, which we have called Buccinum Galilæum. We amused ourselves by diving for
specimens; and the very circumstance of discerning such small objects beneath the
surface, may prove the high transparency of the water.’ The situation of the lake, lying as it
were in a deep basin between the hills which enclose it on all sides, excepting only the
narrow entrance and outlets of the Jordan, at either end, protects its waters from long-
continued tempests. Its surface is in general as smooth as that of the Dead Sea; but the
same local features render it occasionally subject to whirlwinds, squalls, and sudden gusts
from the mountains, of short duration, especially when the strong current formed by the
Jordan, is opposed by a wind of this description, from the south-east; sweeping from the
mountains with the force of a hurricane, it may easily be conceived that a boisterous sea
must be instantly raised, which the small vessels of the country would be unable to resist. A
storm of this description is plainly denoted by the language of the evangelist, in recounting
one of our Lord’s miracles. ‘There came down a storm of wind on the lake, and they were
filled with water, and were in jeopardy.... Then he arose, and rebuked the wind and the
raging of the water; and they ceased, and there was a calm.’ (Luke viii. 23, 24.)”
The question of Peter’s being the oldest son of his father has
been already alluded to, and decided by the most ancient authority,
in favor of the opinion, that he was younger than Andrew. There
surely is nothing unparalleled or remarkable in the fact, that the
younger brother should so transcend the elder in ability and
eminence; since Scripture history furnishes us with similar instances
in Jacob, Judah and Joseph, Moses, David, and many others
throughout the history of the Jews, although that nation generally
regarded the rights of primogeniture with high reverence and
respect.
The earliest passage in the life of Peter, of which any record can
be found, is given in the first chapter of John’s Gospel. In this, it
appears that Peter and Andrew were at Bethabara, a place on the
eastern bank of the Jordan, more than twenty miles south of their
home at Bethsaida, and that they had probably left their business for
a time, and gone thither, for the sake of hearing and seeing John the
Baptist, who was then preaching at that place, and baptizing the
penitent in the Jordan. This great forerunner of the Messiah, had
already, by his strange habits of life, by his fiery eloquence, by his
violent and fearless zeal in denouncing the spirit of the times,
attracted the attention of the people, of all classes, in various and
distant parts of Palestine; and not merely of the vulgar and
unenlightened portion of society, who are so much more susceptible
to false impressions in such cases, but even of the well taught
followers of the two great learned sects of the Jewish faith, whose
members flocked to hear his bold and bitter condemnation of their
precepts and practices. So widely had his fame spread, and so
important were the results of his doctrine considered, that a
deputation of priests and Levites was sent to him, from Jerusalem,
(probably from the Sanhedrim, or grand civil and religious council,) to
inquire into his character and pretensions. No doubt a particular
interest was felt in this inquiry, from the fact that there was a general
expectation abroad at that time, that the long-desired restorer of
Israel was soon to appear; or, as expressed by Luke, there were
many “who waited for the consolation of Israel,” and “who in
Jerusalem looked for redemption.” Luke also expressly tells us, that
the expectations of the multitude were strongly excited, and that all
men mused in their hearts whether he were the Christ or not. In the
midst of this general notion, so flattering, and so tempting to an
ambitious man, John vindicates his honesty and sincerity, by
distinctly declaring to the multitude, as well as to the deputation, that
he was not the Christ, and claimed for himself only the comparatively
humble name and honors of the preparer of the way for the true king
of Israel. This distinct disavowal, accompanied by the solemn
declaration, that the true Messiah stood at that moment among
them, though unknown in his real character, must have aggravated
public curiosity to the highest pitch, and caused the people to await,
with the most intense anxiety, the nomination of this mysterious king,
which John was expected to make. Need we wonder, then, at the
alacrity and determination with which the two disciples of John, who
heard this announcement, followed the footsteps of Jesus, with the
object of finding the dwelling place of the Messiah, or at the deep
reverence with which they accosted him, giving him at once the
highest term of honor which a Jew could confer on the wise and
good,――“Rabbi,” or master? Nor is it surprising that Andrew, after
the first day’s conversation with Jesus, should instantly seek out his
beloved and zealous brother, and tell him the joyful and exciting
news, that they had found the Messiah. The mention of this fact was
enough for Simon, and he suffered himself to be brought at once to
Jesus. The salutation with which the Redeemer greeted the man
who was to be the leader of his consecrated host, was strikingly
prophetical and full of meaning. His first words were the annunciation
of his individual and family name, (no miracle, but an allusion to the
hidden meaning of his name,) and the application of a new one, by
which he was afterwards to be distinguished from the many who
bore his common name. All these names have a deeply curious and
interesting meaning. Translating them all from their original Aramaic
forms, the salutation will be, “Thou art a hearer, the son of divine
grace――thou shalt be called a rock.” The first of these names
(hearer) was a common title in use among the Jews, to distinguish
those who had just offered themselves to the learned, as desiring
wisdom in the law; and the second was applied to those who, having
past the first probationary stage of instruction, were ranked as the
approved and improving disciples of the law, under the hopeful title
of the “sons of divine grace.” The third, which became afterwards the
distinctive individual name of this apostle, was given, no doubt, in
reference to the peculiar excellences of his natural genius, which
seems to be thereby characterized as firm, unimpressible by
difficulty, and affording fit materials for the foundation of a mighty and
lasting superstructure.
The name Simon, שמונwas a common abridgment of Simeon, שמעונwhich means a
hearer, and was a term applied technically as here mentioned. (For proofs and illustrations,
see Poole’s Synopsis and Lightfoot.) The technical meaning of the name Jonah, given in
the text, is that given by Grotius and Drusius, but Lightfoot rejects this interpretation,
because the name Jonah is not fairly derived from ( יוחנאwhich is the name corresponding to
John,) but is the same with that of the old prophet so named, and he is probably right in
therefore rejecting this whimsical etymology and definition.
After his first interview with Christ, Peter seems to have returned
to his usual business, toiling for his support, without any idea
whatever of the manner in which his destiny was connected with the
wonderful being to whom he had been thus introduced. We may
justly suppose, indeed, that being convinced by the testimony of
John, his first religious teacher and his baptizer, and by personal
conversation with Jesus, of his being the Messiah, that he afterwards
often came to him, (as his home was near the Savior’s,) and heard
him, and saw some of the miracles done by him. “We may take it for
granted,” as Lardner does, “that they were present at the miracle at
Cana of Galilee, it being expressly said that Jesus and his disciples
were invited to the marriage solemnity in that place, as described in
the second chapter of John’s gospel. It is also said in the same
chapter, ‘this beginning of miracles did Jesus in Cana of Galilee, and
manifested forth his glory; and his disciples believed on him;’ that is,
were confirmed in the persuasion that he was the Messiah.” And
among the disciples of Jesus, Simon and his brother were evidently
numbered, from the time when they received their first introduction to
him, and were admitted to the honors of an intimate acquaintance.
The formal manner in which Jesus saluted Simon, seems to imply
his adoption, or nomination at least, as a disciple, by referring to the
remarkable coincidence of meaning between his name and the
character of a hopeful learner in the school of divine knowledge. Still
the two brothers had plainly received no appointment which
produced any essential change in their general habits and plans of
life, for they still followed their previous calling, quietly and
unpretendingly, without seeming to suppose, that the new honors
attained by them had in any way exempted them from the necessity
of earning their daily bread by the sweat of their brow. To this they
devoted themselves, laboring along the same sea of Galilee, whose
waters and shores were the witnesses of so many remarkable
scenes of the life of Christ. Yet their business was not of such a
character as to prevent their enjoying occasional interviews with their
divine master, whose residence by the lake, and walks along its
shores, must have afforded frequent opportunities for cultivating or
renewing an acquaintance with those engaged on its waters. There
is nothing in the gospel story inconsistent with the belief, that Jesus
met his disciples, who were thus occupied, on more occasions than
one; and had it been the Bible plan to record all the most interesting
details of his earthly life, many instructive accounts might, no doubt,
have been given of the interviews enjoyed by him and his destined
messengers of grace to the world. But the multiplication of such
narratives, however interesting the idea of them may now seem,
would have added no essential doctrine to our knowledge, even if
they had been so multiplied as that, in the paradoxical language of
John, the whole world could not contain them; and the necessary
result of such an increased number of records, would have been a
diminished valuation of each. As it is, the scripture historical canon
secures our high regard and diligent attention, and its careful
examination, by the very circumstance of its brevity, and the wide
chasms of the narrative;――like the mysterious volumes of the
Cumaean Sybil, the value of the few is no less than that of the many,
the price of each increasing in proportion as the number of the whole
diminishes. Thus in regard to this interesting interval of Peter’s life,
we are left to the indulgence of reasonable conjecture, such as has
been here mentioned.
Capernaum.――Though no one has ever supposed that there were two places bearing
this name, yet about its locality, as about many other points of sacred topography, we find
that “doctors disagree,” though in this case without any good reason; for the scriptural
accounts, though so seldom minute on the situations of places, here give us all the
particulars of its position, as fully as is desirable or possible. Matthew, (iv. 13,) tells us, that
Capernaum was upon “the shore of the lake, on the boundaries of Zebulon and Naphtali.” A
reference to the history of the division of territory among these tribes, (Joshua xix.) shows
that their possessions did not reach the other side of the water, but were bounded on the
east by Jordan and the lake, as is fully represented in all the maps of Palestine. Thus, it is
made manifest, that Capernaum must have stood on the western shore of the lake, where
the lands of Zebulon and Naphtali bordered on each other. Though this boundary line
cannot be very accurately determined, we can still obtain such an approximation, as will
enable us to fix the position of Capernaum on the northern end of the western side of the
lake, where most of the maps agree in placing it; yet some have very strangely put it on the
eastern side. The maps in the French bible, before quoted, have set it down at the mouth of
the Jordan, in the exact place where Josephus has so particularly described Bethsaida as
placed. Lightfoot has placed it on the west, but near the southern end; and all the common
maps differ considerably as to its precise situation, of which indeed we can only give a
vague conjecture, except that it must have been near the northern end. Conder (Modern
Traveler, Palestine,) gives the following account of modern researches after its site, among
the ruins of various cities near the lake.
“With regard to Chorazin, Pococke says, that he could find nothing like the name, except
at a village called Gerasi, which is among the hills west of the village called Telhoue, in the
plain of Gennesaret. Dr. Richardson, in passing through this plain, inquired of the natives
whether they knew such a place as Capernaum? They immediately rejoined, ‘Cavernahum
wa Chorasi, they are quite near, but in ruins.’ This evidence sufficiently fixes the proximity of
Chorazin to Capernaum, in opposition to the opinion that it was on the east side of the lake;
and it is probable that the Gerasi of Pococke is the same place, the orthography only being
varied, as Dr. Richardson’s Chorasi.”
his call.
In giving the minute details, we find that Luke has varied widely
from Matthew and Mark, in many particulars. Taking the accounts
found in each gospel separately, we make out the following three
distinct stories.
The accounts which Matthew and Mark give of this call, have seemed so strikingly
different from that of Luke, that Calmet, Thoynard, Macknight, Hug, Michaelis, Eichhorn,
Marsh, Paulus, (and perhaps some others,) have considered Luke’s story in v. 1‒11, as
referring to a totally distinct event. See Calmet’s, Thoynard’s, Macknight’s, Michaelis’s, and
Vater’s harmonies, in loc. Also Eichhorn’s introduction, 1. § 58, V. II.,――Marsh’s
dissertation on the origin of the three gospels, in table of coincident passages,――Paulus’s
“Commentar weber das Neue Testament.” 1 Theil xxiii. Abschnitt; compare xix.
Abschnitt,――Hug’s “Einleitung in das Neue Testament,” Vol. II. § 40. “Erste auswanderung,
Lucas, iii.,” compare Mark.
These great authorities would do much to support any arrangement of gospel events,
but the still larger number of equally high authorities on the other side, justifies my boldness
in attempting to find a harmony, where these great men could see none. Lightfoot, Le Clerc,
Arnauld, Newcome, with all his subsequent editors, and Thirlwall, in their harmonies, agree
in making all three evangelists refer to the same event. Grotius, Hammond, Wetstein, Scott,
Clarke, Kuinoel, and Rosenmueller, in their several commentaries in loco,――also
Stackhouse in his history of the Bible, and Horne in his introduction, with many others, all
take the view which I have presented in the text, and may be consulted by those who wish
for reasons at greater length than my limits will allow.
“Peter and Andrew dwell together in one house.”――This appears from Mark i. 29,
where it is said that, after the call of the brothers by Jesus, “they entered the house of
Simon and Andrew.”
“Sat down and taught the people out of the ship,” verse 3. This was a convenient
position, adopted by Jesus on another occasion also. Matthew xiii. 2. Mark iv. 1.