Patient safety should always be the main priority for healthcare professionals, and while this is true for the majority, it can not be said for all. Medical negligence is on the rise and each case demonstrates the consequences of medical errors and the importance of holding healthcare providers responsible.
The NHS is under increasing pressure and has implemented various initiatives to improve patient welfare, including the Patient Safety Improvement Programmes. However, medical negligence continues to persist but it’s important to seek support and compensation where possible.
Defining Medical Negligence and Patient Safety
Medical negligence is also known as clinical negligence, and it occurs when a healthcare professional fails to provide the standard of care expected of a reasonably competent practitioner, resulting in harm to a patient.
Patient safety is a broader concept encompassing the prevention of errors and adverse events in healthcare. So, while there may have been a risk to patient safety, medical negligence may not have taken place.
The two are often interconnected but they should be differentiated between when assessing potential claims.
Common Types of Medical Negligence
Medical negligence claims can arise from a variety of circumstances. This list is not exhaustive but some of the most common types include:
- Misdiagnosis or delayed diagnosis: Failure to accurately diagnose a condition.
- Surgical errors: Mistakes during operations, such as operating on the wrong patient or leaving surgical instruments inside the body.
- Medication errors: Incorrect prescribing, administering or monitoring of medication.
- Birth injuries: Negligence during childbirth resulting in injuries to the mother or baby.
- Failure to obtain informed consent: Patients are not fully informed about the risks and benefits of treatment before consenting to it.
Legal Framework and Recent Developments in the UK
A claimant must prove that the healthcare professional owed a duty of care, breached that duty, and that the breach caused harm. The burden of proof lies with the claimant, and the standard of care is that of a reasonably competent professional in the same field.
Recent years have witnessed significant developments, including the Clinical Negligence Scheme for General Practice (CNSGP) has aimed to streamline claims against GPs.
The Role of Medical Negligence Solicitors
Medical negligence claims can be complex and emotionally challenging for claimants. Medical negligence solicitors play a crucial role in ensuring that patients receive the justice and compensation they deserve.
These solicitors possess the expertise to investigate cases, gather evidence, and build strong claims. They work closely with medical experts to establish negligence and assess the extent of damages.
Read Also:- Medical Negligence Claim