Patients who have been caused great distress by medical treatments that have gone wrong are entitled to demand an explanation. Medical practitioners in charge of their patients are ultimately responsible for their patient’s well being and every possible step should be taken to ensure a high level of service.
A patient can claim for clinical negligence when it can be proven that the medical practitioner in charge of the patient provided care that was below standard, and this resulted in a mental or physical injury. There have been many instances where medical negligence has been reported. In some cases patients have complained of not being notified of possible risks in treatment, sloppiness in surgical procedures, and problems in medication.
According to the statistics, around two people a week find surgeons have left behind foreign objects such as clips and screws, and surgical swabs. In the past year alone, the highest payouts included 115,000 to a person who had the tip of a needle left inside them, 75,000 to a patient who later found a surgical clip, and 60,000 to someone who still had ‘packaging material’ inside them after an operation.
The types of medical practitioners that can be held liable include:
privately funded hospitals
GP’s
privately funded health practitioners
all NHS medical staff and hospitals
privately funded hospitals
What is the Duty of care?
Medical practitioners owe their patients a duty of care, however in some cases they fail to do so. If the patient can prove that the treatment they received was below standard, they should be able to bring forward a claim. The method of treatment they received will be compared to other medical practitioners working in the same field.
It is up to the medical practitioner to keep up to date with the latest developments in the medical field. This will be an important factor to be considered in deciding the medical practitioners’ liability. The method of treatment used by the medical practitioner in question will be assessed in accordance with the current medical knowledge at the time of the incident.
The case that outlined this was the famous case of Bolam v Friern Hospital Management Committee. In this case it was held that ‘the test as to whether there has been negligence or notis the standard of the ordinary skilled man exercising and professing to have that special skill. A man need not possess the highest expert skill; it is well established law that it is sufficient if he exercises the ordinary skill of an ordinary competent man exercising that particular art’.
A major point of authority in deciding whether medical negligence has occurred was outlined in the famous case of Bolam v Friern Hospital Management Committee. In this case it was held that ‘the test as to whether there has been negligence or notis the standard of the ordinary skilled man exercising and professing to have that special skill. A man need not possess the highest expert skill; it is well established law that it is sufficient if he exercises the ordinary skill of an ordinary competent man exercising that particular Art’. This case outlined that if the medical practitioner can find another medical peer that would have also followed the same method of treatment, then they should be able to establish a defence.
According to the case, if another recognised medical body of practice in the same speciality can give evidence that they would have used the same method of treatment, then the medical practitioner may not be held liable. One problem with this can be when there is more than one way to treat a condition. However, if the medical practitioner can find another doctor who supports his choice of action, then it is very unlikely that the court will find the medical practitioner liable.
Whilst a doctor may have a defence, it has now been estimated that clinical negligence payouts by the NHS are expected to rise by 80% next year. With the average victim pocketing 17,900 the mistakes have cost the NHS a total of 9 million over the past five years, with payouts made to more than 550 patients.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitors, Personal injury Lawyer, Accident compensation, find a solicitor, legal, lawyer, law help advice, solicitors litigation
