Doctors and other medical practitioners usually provide a high level of service to their patients. Unfortunately, on occasion mistakes do happen and in these situations patients will be quite emotional and upset. The potential risks involved in medical treatment may be forgotten; however the patient will be entitled to an explanation.
In order for a claim to be brought forward, the patient will need to show that the treatment provided by the medical practitioner was substandard, and that this resulted in the physical or mental injury to the patient. Despite doctors and other medical practitioners generally providing a high level of service to their patients, there have been reported incidents where patients have complained about not being notified on possible risks in treatment, and many other careless mistakes that should not have happened.
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.
Liability for medical negligence can apply to a range of medical professionals, these include:
privately funded hospitals
GP's
privately funded health practitioners
all NHS medical staff and hospitals
privately funded hospitals
The Duty of Care explained
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.
The medical practitioner is personally responsible for keeping up to date with the latest developments in healthcare and should this claim be brought forward, it will be a major consideration. In making the judgement regarding the medical practitioners' method or standard of treatment, the assessment will be made according to the standards and medical knowledge prevailing 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. - 31397
In order for a claim to be brought forward, the patient will need to show that the treatment provided by the medical practitioner was substandard, and that this resulted in the physical or mental injury to the patient. Despite doctors and other medical practitioners generally providing a high level of service to their patients, there have been reported incidents where patients have complained about not being notified on possible risks in treatment, and many other careless mistakes that should not have happened.
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.
Liability for medical negligence can apply to a range of medical professionals, these include:
privately funded hospitals
GP's
privately funded health practitioners
all NHS medical staff and hospitals
privately funded hospitals
The Duty of Care explained
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.
The medical practitioner is personally responsible for keeping up to date with the latest developments in healthcare and should this claim be brought forward, it will be a major consideration. In making the judgement regarding the medical practitioners' method or standard of treatment, the assessment will be made according to the standards and medical knowledge prevailing 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. - 31397
About the Author:
Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitor, Lawyer, compensation claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation
