| Doctors and other medical practitioners usually | | | | shown that the medical practitioner in charge of |
| provide a high level of service to their patients. | | | | the patient contributed substantially to the |
| Unfortunately, on occasion mistakes do happen | | | | patient's injury. Quite often medical cases can be |
| and in these situations patients will be quite | | | | complex, with the patient suffering from a variety |
| emotional and upset. The potential risks involved in | | | | of different illnesses. Therefore it will need to be |
| medical treatment may be forgotten; however | | | | proven that the damage caused by the medical |
| the patient will be entitled to an explanation. | | | | practitioner was separate to the patient's |
| A case of clinical negligence is when it can be | | | | underlying condition. |
| proven by the patient that the treatment | | | | As the area of clinical negligence is highly complex, |
| provided by the doctor or other medical | | | | it can be difficult to establish whether it was the |
| practitioner was sub-standard and this resulted in | | | | doctor's error that substantially contributed to the |
| a mental or physical injury. Various procedures | | | | damage suffered. Thus, the patient will have to |
| have been reported to have gone wrong over | | | | prove that the medical practitioner's error was an |
| the years, such as objects being left behind in the | | | | isolated incident that contributed to the damage |
| patient and non-communication between the | | | | or injury caused to the patient. |
| patient and doctor on certain risks that could be | | | | A major point of authority in deciding whether |
| involved in the treatment. | | | | medical negligence has occurred was outlined in |
| According to the statistics, around two people a | | | | the famous case of Bolam v Friern Hospital |
| week find surgeons have left behind foreign | | | | Management Committee. In this case it was held |
| objects such as clips and screws, and surgical | | | | that 'the test as to whether there has been |
| swabs. In the past year alone, the highest | | | | negligence or notis the standard of the ordinary |
| payouts included 115,000 to a person who had the | | | | skilled man exercising and professing to have that |
| tip of a needle left inside them, 75,000 to a | | | | special skill. A man need not possess the highest |
| patient who later found a surgical clip, and 60,000 | | | | expert skill; it is well established law that it is |
| to someone who still had 'packaging material' inside | | | | sufficient if he exercises the ordinary skill of an |
| them after an operation. | | | | ordinary competent man exercising that particular |
| Liability for medical negligence can apply to a | | | | Art'. This case outlined that if the medical |
| range of medical professionals, these include: | | | | practitioner can find another medical peer that |
| GP's | | | | would have also followed the same method of |
| Privately funded health practitioners | | | | treatment, then they should be able to establish a |
| Dentists | | | | defence. |
| All NHS medical staff and hospitals | | | | Expert medical witnesses will need to provide |
| Privately funded hospitals | | | | evidence that they would endorse the same |
| What is the Duty of care? | | | | method of treatment, and this would thus fill the |
| Medical practitioners owe their patients a duty of | | | | requirement outlined in the Bolam case. |
| care, however in some cases they fail to do so. | | | | Commentators have argued, however, that there |
| If the patient can prove that the treatment they | | | | are many problems with this as often, there can |
| received was below standard, they should be able | | | | be more than one way to treat a condition, and |
| to bring forward a claim. The method of | | | | either method can be acceptable. However, once |
| treatment they received will be compared to | | | | a recognised body of medical practice has proven |
| other medical practitioners working in the same | | | | that they would endorse the same method of |
| field. | | | | treatment, it is unlikely that the doctor will be |
| It is expected that the medical practitioner should | | | | found in breach of his duty of care. |
| take personal accountability for keeping up to | | | | Whilst a doctor may have a defence, it has now |
| date with current developments in healthcare, and | | | | been estimated that clinical negligence payouts by |
| that this will be questioned when an error is made. | | | | the NHS are expected to rise by 80% next year. |
| The assessments will be made in accordance with | | | | With the average victim pocketing 17,900 the |
| the current medical trends prevailing at the time | | | | mistakes have cost the NHS a total of 9 million |
| of the Incident. It is essential that in order for the | | | | over the past five years, with payouts made to |
| patient's claim to be successful, it will have to be | | | | more than 550 patients. |