To err is human, and every error is an excellent opportunity for learning and building character. Still, when doctors make blunders, lives can be compromised or even lost, and they should be held accountable for these mistakes. Safety issues are pervasive throughout the NHS, and patients are frequently injured as a consequence of the care they receive. The total number of new clinical negligence claims in 2023/24 was totalled at 13,833, but anyone considering the possibility of starting a lawsuit must consider the pros and cons before taking action. It’s necessary to go over what happened more than one time, which can be very upsetting and traumatic.
Medical negligence isn’t just making a mistake, it’s unreasonable conduct
The British healthcare system stands out from other public health systems, such as that of the US, by providing coverage to all residents and responding in a balanced way to the population’s needs and expectations, though it has fewer resources than its peers. However, its performance is poor in many cases. Things don’t always go as planned, and the experts believe that the number of medical negligence cases is in the hundreds or thousands annually, meaning patients are injured needlessly. Not every medical error is considered medical negligence, so it’s important to understand if you have a valid claim.
Error in medicine is a difficult concept to define. It’s an act, assertion, or belief that inadvertently deviates from what’s right, correct, or true. The words “mistake” and “negligence” are often used interchangeably, even if they’re not one and the same. Negligence refers to the failure to exercise ordinary diligence, care, and skill, as judged against the level of knowledge and competence applied by professional peers. By fear of adverse legal repercussions, healthcare providers won’t admit their mistakes out loud. As a matter of fact, they cover up their errors and avoid discussing with their colleagues things that have gone wrong in patient care.
Hiding or rationalising medical errors is harmful for various reasons
If physicians have reason to believe that their level of care is substandard, they won’t inform patients that a mistake occurred during treatment. Perfect performance is impossible, but refusing to admit fault hurts patients and other medical professionals alike by depriving them of information that could be helpful in correcting errors and improving treatment for present or future generations. Above all, purposeful deception undermines the trusting nature of the doctor-patient relationship by violating the ethical principle of fidelity. Times have changed, and society has lost trust in healthcare organisations.
Most patients want doctors to disclose medical errors, irrespective of how large or seemingly minor they are, and complying with their preferences can positively impact the number and severity of lawsuits rather than multiplying the risk of punitive actions. Indeed, willingly admitting blunders can inspire some medical negligence suits, but legal claims are more likely to result because a physician conceals an error that the patient suspects or discovers through other means. Simply put, disclosure can reduce the odds of litigation if the healthcare professional is honest and sincere, so it should be made promptly.
NHS Negligence Claims span across many specialties, including emergency medicine
Negligence can result in injury or severe harm to a patient while under the care of a healthcare provider. The threat of tort doesn’t deter medical errors, and a possible explanation could be the fact that doctors have sufficient liability insurance coverage to protect themselves in case of a civil lawsuit. Compensation is very expensive when measured in terms of the fees incurred by plaintiffs and defendants, court expenses, and insurance overhead. Personal injury litigation is complex, so put forth the maximum effort to educate yourself. Websites like https://www.accidentclaims.co.uk/ have all the information you need to secure a successful outcome.
Unfortunately, negligence spans all healthcare practices, including emergency medicine, which is dedicated to the diagnosis and treatment of unforeseen illness or injury. Clinical conditions like stroke, myocardial infarction, spinal cord compression, or lung cancer are associated with serious misdiagnosis harms (permanent morbidity or mortality). The public health system is assembled with successive layers of defences to prevent hazards from affecting patients, but things can go wrong despite the physician’s best efforts. Even small errors can trigger serious accidents. There are several ways to find a good lawyer, the best of which may be through word of mouth.
To receive compensation, show the treatment you received is substandard
Many aspects contribute to medical negligence, from the fatigue of the staff due to gruelling shifts to the poor communication among employees in a healthcare facility. Acknowledging mistakes, to say nothing of correcting and preventing them, is difficult because doctors are trained not to talk about their mistakes with patients. That's a liability. Speaking of which, you have the right to seek legal action for compensation, but you’ll need to demonstrate a breach of a duty of care and causation took place. Physicians have a legal duty to provide a reasonable standard of care and act in ways to protect patients’ safety.
You can’t be asked to take part in a treatment programme at your own risk. The law doesn’t expect the best care to be provided, nor does it allow the worst care, and the doctor-patient relationship creates a duty of care. To prove negligence, you must prove duty of care, breach of the duty of care, causation, and damages. If the negligence is obvious, even to a layperson, expert testimony isn’t necessary. Unfortunately, this isn’t often the case, meaning you need an expert witness to provide an impartial medical opinion to the court.
Concluding thoughts
Doctors never set out to make mistakes, but errors, missed diagnoses, and other missteps occur, many of which are preventable. The NHS encourages feedback because it’s helpful in improving services, so don’t hesitate to share your opinions or experiences, positive or negative; you can speak to someone not directly involved in your care. If you’ve been the victim of negligence, seek legal counsel right away. A professional will capitalise on their extensive knowledge to help you, in and out of court.
Feature image credits: https://pixabay.com/photos/stethoscope-hospital-doctor-health-840125/
Diagnoses that are missed altogether, wrong, or should have been made much earlier
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