As NHS Resolution’s annual report suggests, claims have surpassed last year’s cost of £2.2 billion, amounting to £2.4 billion. During 2021-2022, there were 15, 078 claims against the NHS – that means 40 claims daily. Moreover, 86.7% of the claims are successful, with the cost of medical negligence taking nearly 7% of the yearly budget. Obstetrics is the costliest area, accounting for 62% of the yearly claims, followed by emergency medicine and orthopaedic surgery, with 1,233 and 1,203 claims, respectively.

Understanding medical negligence

Patients trust doctors with their health and lives, but unfortunately, medical professionals can also make mistakes, which can sometimes have devastating consequences. That’s known as medical negligence and occurs when a healthcare provider fails to fulfil their duty of care. In some circumstances, this can lead to claims. In order to determine whether you’re legally entitled to compensation, it’s vital to understand some crucial aspects regarding medical negligence. 

 

Personal injury claims define negligence as a failure to be reasonably prudent and exhibit caution during work; however, the standard of care looks different for healthcare workers because expectations are higher. When a healthcare provider doesn’t behave according to the accepted medical standard, that’s considered a medical negligence case. Here’s a list of the most common medical negligence examples:

• Misdiagnosis – for instance, this happens when someone is diagnosed with irritable bowel syndrome instead of ovarian cancer;
• Failure to monitor patients properly;
• Incorrect administration of medication;
• Incorrect use of medical devices;
• Inadequate treatment;
• Erroneous medical procedures;
• Anaesthesia errors.

The mental and physical effects of medical negligence

Medical negligence can be truly damaging to patients. For example, someone who is misdiagnosed may undergo unnecessary treatment. Whether the effects are short-term or long-term, victims experience physical and psychological suffering. They end up resenting their clinician for dealing with a preventable injury and feeling a sense of injustice about what happened. This can make it challenging for them to adjust to their new life. Often, medical negligence victims and their families blame themselves for the unfortunate situation, making it much harder to accept things as they are and gradually move on.

Medical negligence can affect the body in different ways, causing:

• Mental impairments;
• Loss of limbs;
• Disfigurement;
• Chronic pain.

 

Regarding the mental effects, victims of medical negligence can experience a wide range of emotions besides anger and frustration, including:

• Shock;
• A sense of loss;
• Social withdrawal;
• Denial;
• Anxiety.

 

Some patients can even develop PTSD due to such a traumatic experience. Consequently, they may have flashbacks related to the injury, avoid places that remind them of the distressing event, and become easily irritable if they are forced to have any interactions with hospital staff.

Legal considerations of medical negligence

According to Medical Negligence Claims Care experts, victims of medical negligence may be able to recover compensation for the harm they suffered. Any healthcare provider can be held liable for violating the standard of care, including nurses, dentists, and chiropractors. You may even be able to file a claim against the hospital itself. Even if the facility isn’t negligent, under the law, they must take responsibility for their employees’ actions. You can prove medical negligence by showing:  

• The healthcare provider had a duty they didn’t fulfil;
• You’ve experienced harm due to medical negligence;
• You suffered damages that require compensation, whether lost wages or higher medical bills.

 

Depending on the situation, you may need a legal professional’s help to determine the standard of care and why your doctor failed to fulfil it. With a medical malpractice attorney by your side, obtaining evidence like medical records and proving your case will be easier. However, in some instances, there’s no need for further evidence of negligence, as the error is evident. Suppose a surgical instrument was left inside your body; that’s obviously a medical negligence case, as no competent surgeon would ever do that.

Medical negligence compensation may involve payment for:

• Unnecessary treatment;
• Loss of wages;
• Emotional distress;
• Medical bills that result from medical negligence;
• Pain;
• Wrongful death damages.

 

Some states have laws that restrict the total compensation you can get for non-economic damages like emotional distress. Whatever your situation is, it’s always best to seek help from a qualified medical malpractice attorney. They can assist you in understanding how much compensation you can receive for your losses and help you negotiate a settlement or file a case against the medical professional that caused you harm.

Is there a way to decrease the impact of medical negligence?

Fortunately, there are ways to reduce claims and costs related to medical negligence, and that’s by investing in better policies and having the right practices in place. Improving the quality of care costs significantly less than pay-outs, and it’s worth doing it to avoid multiple adverse effects, such as the loss of trust in the healthcare system.

Adopting the latest technology can also bring new opportunities and work as a solution to the current issues within the system. For instance, tech advancements allow doctors to give more accurate diagnoses, which can decrease the incidence of medical mistakes. Due to task automation, the process of getting care is more efficient, as prescription refills happen faster. 

 

All in all, technology helps doctors considerably, allowing them to provide better care for patients.

Negligence compensation claim costs can only be reduced if the Government addresses the root causes of the harm, which is, in fact, avoidable. The key is to invest in staff and adopt patient safety measures, as that would eliminate a lot of claims.

Our takeaway

Medical negligence cases have increased considerably in the five years, leading to costs that could otherwise be used to provide better patient care. 

Unfortunately, medical negligence cases happen frequently, so more needs to be done to prevent them. That means investing in a healthcare system that’s better equipped to treat patients effectively.

 

No one should ever deal with the devastating consequences of medical negligence, as it can significantly alter someone’s quality of life. Hence, medical professionals should strive to keep their patients safe at all times and avoid causing physical and mental damage.