The United Kingdom has one of the best healthcare systems in the world, which is the envy of the likes of America and other developed nations. The National Health Service (NHS) was established to keep the workforce healthy, reduce the risk of early death, and provide compassionate and dignified end-of-life care, but it has broadened its scope with the aim of prolonging life regardless of quality. At the outset, people were most likely to die from infections or heart conditions, while now, the common causes of death are cancer and suicide.
The NHS belongs to the people, but there are things you can do for yourself and others to make it work effectively and ensure resources are used responsibly. For example, you can treat the medical staff and other patients with respect and avoid causing nuisance or disturbance on the premises. People get excellent or very good care in the NHS, but more needs to be done. At times, things can go wrong: diagnoses are missed or delayed, or the treatment might not work. Equally, medical care can fall below the acceptable standard, resulting in harm to the patient. There might be a valid case for medical negligence.
The medical standard of care is at the heart of the negligence issue
According to the NHS Resolution annual report, the cost of harm throughout 2023/24 is valued at £5.1 billion, and due to the rising figures, the British government has put a cap to control legal costs to support victims, accelerate justice, and protect taxpayers. Proving medical negligence starts with establishing an acceptable standard of care, otherwise called best practice. Basically, it refers to the degree of care a prudent and reasonably competent physician with a similar background and within the same medical community would have exercised under the same circumstances that led to the alleged negligence.
If a similarly skilled healthcare professional wouldn't have provided the same treatment under the same circumstances, and a person was harmed as a result of the substandard care, it's a case of medical negligence. Simply because a doctor makes a mistake doesn't necessarily mean negligence has occurred. Unless they did something that fell short of the medical standard of care, there's no case. Either way, you should make a complaint, both informally and in writing, and consult with a lawyer. In the meantime, you can read a guide on how to sue the NHS to become familiar with the process.
How can you make a complaint about your treatment?
Even if most people are happy with the help they get from health and care services, things develop in an undesirable way every now and then. The top claims that make up the highest volume of medical negligence cases are emergency medicine, obstetrics claims, orthopaedic, and general surgery, with the most significant percentage of compensation awards involving emergency medicine. Discussing things informally with the healthcare facility or the staff providing your care is recommended to correct the problem. More often than not, making an informal complaint puts things right, so demand to speak with the hospital's ward manager or clinic manager to highlight your concerns and what happened.
You can complain to the NHS service provider directly
You have the right to complain about your treatment if you have reason to believe you've received negligent medical care. As mentioned before, many issues can be solved quickly by reaching out to the staff where you accessed a service, but you can make a formal complaint by following the procedure of the hospital, clinic, or GP surgery that provided the treatment. PALS (Patient Advice and Liaison Service) could aid you if your problem is urgent and you need action immediately. If you're making (or thinking about making) a complaint, contact an NHS complaints advocate to write the letters and attend meetings with you.
For serious concerns, you can make a complaint to the Care Quality Commission
The Care Quality Commission oversees the NHS, local authorities, independent providers, and voluntary organisations. If you're unhappy with the way your complaint has been dealt with, you should let them know about the poor care you've experienced (or seen) to protect others from going through the same experience. It's not necessary to provide your name or contact details, but it's more likely you'll be contacted if you do. The complaint should be made as soon as possible because the limit to make a medical negligence claim is three years. This means that court proceedings must start right away.
Since medical negligence can be complicated, seek assistance from a professional
To be successful before a judge or jury, you must demonstrate the doctor breached their duty by providing negligent care and you suffered injury or damages as a consequence. If medical advances occurred between the time of the alleged negligence event and the trial, the physician can't be held accountable to that newer standard. At any rate, medical experts must review the case and see how the healthcare professional's actions compare to the standard of care. It's critical to seek advice from a lawyer who is versed in handling such cases to assess your situation and understand your legal rights.
Perhaps you're struggling to make ends meet, and you're worried about the medical bills you have from your injuries. It's overwhelming, and you know you need help, but you have no clue what to do next. Contact a qualified personal injury lawyer immediately to pursue the compensation you need to put the accident behind you and move forward. They're accustomed to doing the hard work necessary to attain the optimal result, in and out of court, so retain the most highly qualified expert available so no one can question the facts of the case.
Conclusion
The British health system performs better than its counterparts when it comes to fairness, ease of access, and efficiency, but it isn't perfect. The government, which has increased expenditure in modernisation plans, insists that it's improving, although medical negligence cases are on the rise. If you or a loved one have gone through pain and suffering, you're entitled to seek compensation.
Feature image credits: https://unsplash.com/photos/dextrose-hanging-on-stainless-steel-iv-stand-6pcGTJDuf6M
