When someone’s health is in the hands of professionals, they expect the best possible service. Sadly, accidents do still happen. Hospital negligence can take place and patients can receive a substandard level of care.
Here’s what you need to know about hospital negligence as a medical professional, as well as the legal rights of patients.
Understanding hospital negligence
Hospital negligence falls under clinical negligence. This refers to a breach in the duty of care to a patient, causing their condition or any injuries to be made worse.
Examples of this in practice might include:
- Misdiagnosis
- Medication errors
- Delayed treatment
- Misinformation or not informing patients of the risks
- Poor hygiene causing an infection
- Errors during surgery
- Birth injuries
- Anaesthesia errors
There can be legal repercussions if hospital negligence takes place. Patients can make a complaint to the hospital either informally or formally. However, they may want to take things further and could be entitled to make a hospital negligence claim. If the claim is successful and they can prove that negligence has taken place, they will be paid general and special damages. These cover pain and suffering, as well as tangible losses like medical fees or a loss of earnings relating to the incident.
Legal framework governing hospital negligence
There are UK laws in place to govern negligence claims such as these. Certain aspects need to be proven for a claim to be successful.
A healthcare professional’s duty of care to every patient is crucial and is outlined by the General Medical Council. This professional relationship can be breached if the healthcare provider doesn’t meet the standard of care expected. The Bolam and Bolitho tests are used to determine whether these standards have been breached.
The patient’s legal representatives must also provide evidence that they suffered harm or loss as a direct result of the negligence that took place.
The Limitation Act 1980 also plays a large role. Claims need to be raised within three years after the negligence took place, or from the date the patient became aware of what has happened. They can raise a claim against private healthcare providers and public services run by the NHS.
Mitigating legal risks in healthcare
The General Medical Council provides a guide to good medical practice so healthcare professionals can continue to provide the best service possible. The guide outlines expectations relating to patient’s rights. These touch on their privacy and being treated fairly and with dignity. Healthcare providers are also expected to ask about existing conditions, treatments and medication and more. The guide also highlights the importance of safeguarding children and adults who may be at risk of harm.
Ongoing compliance and training within hospitals can help to ensure that the correct level of care is issued to patients.
