The last thing that you expect when you seek medical care is negligence, but this can be an issue and one that can have very serious consequences. Healthcare professionals have a duty of care to comply with, but mistakes, accidents and other issues can arise that can cause all kinds of problems. Misdiagnosis, surgical errors, prescription mistakes and inadequate warning of risks are a few of the most common types of medical negligence that occur.
Medical Negligence History
Medical negligence as a legal concept has only been around since 1932 with the Donoghue v Stevenson case when commercial liability for defective produce was established. It was not until 1950 that the key precedent was set, though, with the ‘Bolam test” which is still used today as a defence for healthcare workers when they have “acted in accordance with practice accepted as proper by a responsible body of medical opinion”.
The Bolam Test
The Bolam Test steps from what is considered to be one of the key cases in the history of medical negligence. This was a case in 1957 between Bolam and Friern Barnet HMC with the claimant contending that the hospital was responsible after he suffered a hip fracture during electro-convulsive treatment after he fell off the couch. The judge stated that if the actions of the doctor were considered appropriate by a body of other doctors in the same field then they are not negligent. This has become fundamental in the way in which these cases are now judged and is partly why these cases can be complex and people need to use specialist medical negligence solicitors.
Medical Negligence & Coronavirus
Of course, the COVID-19 pandemic has put great strain on the healthcare system both directly and indirectly. NHS Resolution (the body dealing with medical accident claims on behalf of the NHS) launched a scheme to address liabilities arising during the pandemic. Healthcare professionals wrote to then Health Secretary Matt Hancock in 2020 calling for new emergency laws to protect healthcare workers from inappropriate legal action. The NHS has been put under immense strain during the pandemic and have had to adapt to unprecedented demand for a novel virus, which means that tough decisions have had to be made and mistakes are more likely with staff working to the point of exhaustion and in a high-pressure environment.
Medical negligence has an interesting history in the UK despite being relatively new as a legal concept. You do not expect negligence when you seek medical care, but accidents can happen and medical negligence is common, particularly during the pandemic with the NHS under immense strain. Medical negligence can help those that have been victims of negligence to recover damages and provide peace of mind after what can be a traumatic and potentially life-changing mistake.
