In the UK, patients are owed a duty of care by doctors, nurses, and other medical professionals – as well as by medical institutions like the NHS.
When those people and bodies fail in that duty of care, they can be held accountable through the court system.
If you feel that you might have been the victim of medical negligence, then it’s worth understanding the basics of what the term means.
Recent Trends and High‑Profile Developments in UK Medical Negligence
Medical negligence is a major source of liability for the NHS. The total bill faced by the organisation is now more than £58 billion. The NHS is sued approximately every forty minutes, and around half of the time, those claims are successful.
The NHS has recently announced that the Nottingham University Hospitals Trust is being investigated for corporate manslaughter, following the deaths of around two thousand babies.
On the other hand, the bill faced by the organisation could have been higher, were it not for the Supreme Court ruling on the case of Paul v Royal Wolverhampton NHS Trust, which ruled that a secondary victim (ie, a family member) cannot claim damages for psychiatric harm suffered.
Proving Negligence in NHS vs Private Sector Care: Key Differences
To demonstrate medical negligence, a claimant must demonstrate that they have received care of a poor standard (relative to a competent member of the profession), and that they have suffered harm as a result.
The process differs slightly depending on whether you’re claiming against a private healthcare provider, or the NHS. In the private sector, the person who provided treatment might not be an employee of the hospital. The individual clinician, rather than the trust or hospital, is responsible for the care provided.
This can potentially make legal action more complex, as responsibility often needs to be established. It isn’t always clear who holds the relevant insurance policy, or who actually made the decision that led to harm being perpetrated.
What Evidence Can Medical Professionals Provide? Practical Guidance
Evidence for a clinical negligence case can take many forms. In many cases, medical professionals and hospital administrators can play a key role in gathering the evidence. This might take the form of equipment maintenance logs, incident reports, clinical records, and testimony from expert witnesses and whistleblowers.
Having a robust system for the collection of records can often make a crucial difference. It will not only make a favourable result more likely, but also reduce the administrative cost of the process.
The aforementioned limits on secondary victim claims mean that the healthcare provider cannot be held accountable for harm suffered by secondary victims – which simplifies the process of gathering evidence.
