Few things in life can cause such a sense of despair and helplessness as being a victim of medical negligence. After all, when we seek the help of a healthcare professional, we place in them a level of trust reserved only for those we trust the most.
Learn about the most common causes of medical negligence and what to do if you become a victim.
What is Medical Negligence?
Medical negligence occurs when a healthcare professional provides substandard care that directly causes harm or injury to a patient. This inattention can arise from incompetence, such as making an error in a procedure, or recklessness, such as failing to take all necessary precautions to cure the patient or minimise their suffering. This includes ignoring symptoms that may indicate latent or developing diseases. In the financial year 2022/23, the NHS reported 13,995 new clinical negligence claims and incidents.
It is crucial to establish a direct link between the breach of duty and the harm or injury suffered by the patient to prove medical negligence. This means the damage must have been a direct result of the professional's oversight, and it would not have occurred without their failure to meet the required standard of care.
Common Causes of Medical Negligence
Medical negligence can manifest in various forms, such as incorrect or delayed diagnosis, leading to inappropriate or delayed treatment and causing harm to the patient. It includes prescribing the wrong medication, incorrect dosages, or failing to consider potential drug interactions or allergies. Surgical errors, such as operating on the wrong body part, leaving surgical instruments inside the patient, or causing unintended damage to other organs or tissues, are also forms of misconduct.
Other types of negligence include incorrect administration of anaesthesia and failure to provide proper post-operative care or follow-up. During childbirth, carelessness can involve failure to monitor foetal distress, improper use of forceps or vacuum, and delays in performing necessary C-sections.
Additionally, not fully informing the patient of the risks, benefits, and alternatives to a treatment or procedure is considered malpractice. Incomplete or incorrect medical records can lead to inappropriate treatment and harm to the patient, while ignoring or misinterpreting diagnostic test results can result in missed or delayed diagnoses and treatment.
Getting Compensation and Justice
Victims can seek justice through medical negligence claims. The total cost of clinical negligence claims against the NHS in 2022/23 was approximately £2.31 billion, including damages paid to patients, legal fees, and other associated expenses. During this period, 15,710 clinical negligence claims were closed, with 75% settled without court proceedings, indicating a preference for out-of-court settlements.
The most common types of medical negligence claims include diagnostic, surgical, and medication errors, as well as issues related to maternity care. Maternity claims, in particular, tend to be high-cost due to the severe and long-term impact of birth injuries.
To successfully pursue justice, several important steps must be followed. The most crucial step is to hire a solicitor who specialises in medical negligence claims. These solicitors have a deep understanding of the complex scientific and legal issues involved and are familiar with clinical terminology, procedures, and standards of care. To reduce your financial risks, look for no win, no fee solicitors, which means you only pay legal fees if your claim is successful.
Next, it is essential to collect evidence that proves a breach of duty occurred. Gather as much documentation as possible, such as treatment notes, test results, and communication logs. Consult other doctors for opinions on whether the care provided fell below acceptable standards. Established medical guidelines and hospital protocols can serve as benchmarks to show how the care provided differed from the expected standard.
To demonstrate causality, create a detailed chronology of events (for example, the date an exam was conducted, when the incorrect diagnosis was given, and the health consequences due to the lack of treatment). It is essential to show the extent and severity of the physical injuries or psychological damage caused by the negligence. Where applicable, photographs of physical injuries can provide compelling visual evidence.
Average Payouts for Medical Negligence in the UK
The amount you can receive from a medical negligence claim varies widely depending on the severity of your injury, the impact on your life, loss of earnings, future care needs, and other specific circumstances of your case. In the UK, the average monetary award for a this type of claim is around £50,000. However, life-changing injuries, such as significant brain injuries, spinal cord injuries, or amputations, can result in millions of pounds in compensation.
Medical negligence remains a critical issue in the UK, with significant financial and human costs. By fighting for your rights, you will receive the necessary financial support to aid in your recovery. More importantly, you will hold accountable the healthcare professionals responsible for the harm caused, preventing them from making the same mistakes with other patients.