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New figures requested by the Liberal Democrats from the National Patient Safety Agency (NPSA) and published recently show that over 3,000 patients have died because of errors by NHS staff over the past year. Hospitals reported 3,645 deaths in 2007/08 from patient safety incidents and include those relating to problems with scans and hospital infections. This explains why medical negligence compensation claims are also on the increase.
This represents a 60% increase in the last two years. However, experts involved with the health authorities put this increase down to better reporting and not a deterioration in patient care. But many of the incidents that make up the statistics are events that appear on the 'never events' list of categories drawn up by the NPSA. 'Never events' are defined as errors in medical care that are clearly identifiable, preventable, and serious in their consequences for patients, and that indicate a real problem in the safety and credibility of a health care facility. These include errors in assessment, diagnosis and incorrect treatment, the spread of controllable and preventable infections such as MRSA and other superbugs and patients self-harming or committing suicide whilst under the supervision of medical staff.
The NPSA relies on hospitals being candid with their figures and admitting where errors have been made. This is crucial to the prevention of these errors being repeated and to stop more unnecessary deaths occurring within the NHS. The organisation has seen the number of reported errors rise by 50% in the last two years to over 800,000 a year. Most of these errors cause no direct harm to patients, but the ones that do can often have serious and even fatal consequences.
Preventable deaths such as these are often the trigger for a compensation claim for medical negligence brought by the families of victims. In these cases, they are not just looking for financial compensation but also the assurance that the health trusts involved will learn from their errors and put in place measures to prevent others from falling victim to the same mistakes. In this way, the NHS can be forced to re-evaluate their duty of care manifesto and to make fundamental changes that can prevent others from suffering the same fate.
Medical negligence compensation claims are notoriously complex and difficult, so a specialist solicitor is an essential first port of call in the event of action being taken. Not only do they have a detailed knowledge of the law surrounding such claims, but also have access to expert witnesses whose testimony may be essential for a claim to be successful. Medical negligence compensation claims have to be brought within three years of the date of the incident, although if the incident involves a child the period is much longer. Many who bring medical negligence claims don't just want compensation; they want answers too. The only way to ensure that a medical negligence claim succeeds if you want to sue the NHS is to employ the services of an experienced solicitor. They will be able to guide the family through the minefield of medical negligence law in what is bound to be a very traumatic period.
The only way to bring down the alarming figures released by the NPSA is to ensure that every case is highlighted, every detail is uncovered and every error is catalogued so that the same mistake is never made again, protecting patients and their families from the horrors of medical negligence.
Making a claim for medical negligence is the kind of thing that everyone imagines will be complicated. Day time TV adverts may well offer ‘no win, no fee,' but few seem to mention ‘no fuss.' But the process is not as horrific as you may envisage. Claims solicitors are very experienced at dealing with clients who have little idea of the practicalities of making a claim.
Following an initial consultation, it is often necessary to meet with your solicitor only occasionally. Most queries can be dealt with over the phone, or by post, allowing you to sit back and get on with your recovery. Appearances in court may seem intimidating but your solicitor will help to put you at ease. In any case, many claims do not actually make it to court because insurance companies agree to a settlement beforehand.
Many people who are victims of medical negligence need extra care, or suffer a loss of earnings from time missed at work. These costs mount up, and it is important that they are recovered. Do not miss out on compensation that can help your recovery because you are uninformed, or nervous about the system.
So what do you need to prove to be able to make a claim of medical negligence? There are three basic requirements for the claimant in all compensation claims.
Firstly, you need to have someone to claim from. This will not always be the doctor who treated you, but often the trust they were working for or another organization responsible for them. Your solicitor will be able to advise you of the most appropriate body. Health care providers have liability insurance, and in many instances the end result of a medical negligence claim is a settlement with the insurance company.
Secondly, you need to have medical documentation of your injuries. Obviously, in the cases of clinical injuries this is usually more straight-forward to obtain. Compensation is awarded according to the degree of injury and the treatment required. It is not a punishment for the person at fault but reparation for the costs you have incurred. So, serious injuries that require extensive treatment and recovery time receive the most compensation.
Thirdly, you need evidence that the injury actually occurred. This is hardly ever an issue with medical negligence claims where official reports are submitted at the time of the incident. But it is far easier to investigate claims when evidence is still fresh, so try to consult a solicitor as soon as possible.
In the case of medical negligence claims it is also necessary to prove that the standard of care fell below what would be expected, and that it was this negligence that caused the injuries. This is usually done by assessing the natural development of the illness, and the expected results if the correct treatment had been given. This is then compared to your situation to determine the extent of your suffering.
Making a medical negligence claim is a simple as ticking the four boxes above, and solicitors will help to make the process as straight-forward as possible. Many practices offer free consultations, and is well worth talking to somebody if your medical care has fallen below the standards you expected.