In the UK, most medical care is administered successfully. But in the rare cases in which it isn’t, clinical negligence might be adjudged to have occurred. If you’ve received care that you feel hasn’t met the required standard, then it’s worth exploring legal action – which might ultimately help you to extract compensation.
Recent Legal Developments in Clinical Negligence
In January 2024, a significant decision was taken by the UK’s Supreme Court. In dismissing the appeal of claimants in the case of three distinct cases, it established that secondary victims could only bring a claim if they had witnessed the accident or its immediate aftermath and had close ties to the primary victim.
This ruling draws a line under three decades of legal debate and uncertainty, but it also demonstrates that, even in an area of law as established and mature as personal injury and clinical negligence, there is still the potential for new developments to change the shape of the playing field. In other words, it’s worth having legal expertise on your side if you want to effectively navigate new developments. Many claimants opt for ‘no win no fee medical negligence’ agreements to mitigate the financial risks associated with pursuing complex clinical negligence claims.
Challenges in Litigating Clinical Error Cases
In order for clinical negligence to be proven, certain requirements will need to be met. The claimant will need to demonstrate that a breach of duty occurred, and that it was the cause of an injury suffered. Crucially, it will need to be demonstrated that the quality of care was below that which would have been provided by a competent member of the profession. This often means relying on expert testimony. A good solicitor will have access to the required experts and the means to bring them in.
In 2023, fixed recoverable costs were extended to cover civil cases valued up to £100,000. This means that winning parties can claim this back from the loser.
The Financial and Ethical Implications for Healthcare Providers
Medical negligence provides the NHS with a significant annual bill, with payouts for the year totalling £2.87 billion in the past year. This might strike many as ethically questionable, since this money cannot be spent on healthcare provision. However, it also provides the NHS, and other providers, with an incentive to improve standards, while providing victims with justice. The right to action after medical negligence is, in fact, built into the NHS’s charter.
Alternative Dispute Resolution and the Future of Clinical Negligence Claims
Many negligence claims are settled outside of court. Those that do result in formal proceedings rarely require that the victim attend in person. Various forms of alternative dispute resolution, including mediation, provide an increasingly popular means for claimants to access justice. By settling out of court, both parties can drive down their costs – and backlogs can be cleared more quickly.
The Editorial Team at Healthcare Business Today is made up of experienced healthcare writers and editors, led by managing editor Daniel Casciato, who has over 25 years of experience in healthcare journalism. Since 1998, our team has delivered trusted, high-quality health and wellness content across numerous platforms.
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