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A 2023 article in the Guardian newspaper cited the lack of action and “deafening silence” from the UK’s General Medical Council (GMC) in response to various allegations and scandals related to medical negligence. It followed a case where two doctors lost their jobs after whistleblowing about patient safety issues and possible medical negligence at a hospital in Brighton. Though other regulatory bodies like the British Medical Association, police, and Care Quality Commission were involved, the GMC did not show interest.
While mistakes happen, the story highlighted a wider issue – many physicians have lost confidence in the GMC’s oversight and feel investigations are random or biased. There was vote of no confidence in the GMC at the 2023 British Medical Association conference, which called for the GMC leadership to be dismissed. Additionally, a petition to parliament was submitted that called for dismantling the GMC’s current form.
Many doctors believe that fundamental change is needed in how the GMC approaches oversight and investigation of medical negligence allegations.
Medical care can go wrong for a variety of reasons. When something does go amiss in a hospital or clinic, it’s important for patients to understand where the fault lies. Is it a case of simple human error, or evidence of negligence that deserves closer examination and recourse? This article explains the key differences between medical negligence and medical errors, to help patients determine what has occurred and what steps they can take.
What is Medical Negligence?
Medical negligence occurs when a healthcare professional fails to meet the legal standard of care they owe to a patient. This standard requires doctors, nurses and other medical staff to act reasonably according to accepted medical practice. If they fail to do so in a way that directly causes harm to the patient, it is classed as medical negligence.
Some examples of medical negligence include:
- Misdiagnosing or failing to diagnose a serious illness or injury
- Administering the wrong type or dose of medication
- Botching a surgery or procedure
- Failing to prevent avoidable infections
- Discharging a patient too soon
In cases of medical negligence, the patient is entitled to pursue compensation through the legal system. This covers damages like lost income, future healthcare costs, pain and suffering. Negligence needs to be proven in court.
What are Medical Errors?
Medical errors are acts of unintentional oversight, forgetfulness or recklessness that result in patient harm. They often occur when staff are overworked, rushed or distracted. Common medical errors include:
- Prescribing the incorrect drug or dosage
- Operating on or medicating the wrong patient
- Forgetting to remove surgical instruments from the body
- Failing to communicate critical patient information during shift changes
- Inadequate patient monitoring
While medical errors can have serious consequences, they do not inherently imply negligence. Well-intentioned mistakes and momentary lapses in judgement can happen even among skilled professionals. Hospitals implement many safeguards to minimise errors, but some will inevitably occur in complex healthcare environments.
If a medical error has happened, the patient should expect:
- An explanation and apology
- Reversal or mitigation of the error’s effects where possible
- An internal review to prevent recurrences
They are not usually eligible for negligence-based compensation. However, if the error indicates dangerous systemic failings at a hospital, regulators may intervene. Patients can also file complaints to motivate improved practices.
Proving Medical Negligence
Medical negligence must be proved based on four criteria:
- Duty of care – the medical professional owed a duty of reasonable care to the patient.
- Breach of duty – the professional’s actions fell short of what any reasonable peer would have done.
- Causation – the breach of duty directly caused quantifiable harm to the patient.
- Damages – the patient suffered physical, emotional or financial harm requiring compensation.
The standard of proof in civil medical negligence cases is “balance of probabilities”, meaning the evidence shows negligence was more likely than not. Patients face the difficult task of gathering solid records and expert medical opinions to demonstrate whether the healthcare provider breached their duty of care.
Seeking Legal Redress
For patients and families who have experienced medical negligence, seeking legal redress through the courts is often the only recourse. Medical negligence claims aim to hold individual practitioners and hospital trusts accountable for substandard care. They also seek appropriate compensation for harm suffered.
In the UK legal system, medical negligence claims involve proving that a duty of care was owed by the medical professional or entity, that this duty was breached through negligent actions or omissions, and that this breach caused identifiable harm to the claimant. Families may pursue claims when negligence leads to a patient’s death.
The legal process begins with medical negligence claims solicitors gathering records and expert opinions to build the case. If solicitors believe a claim has merit, they will submit formal letters of claim to defendants. Negotiations typically follow to settle out of court. If not settled, the case proceeds to a hearing before a judge. Compensation amounts are determined based on financial losses, pain and suffering, and impact on quality of life.
Pursuing medical negligence litigation can be difficult – cases are complex, proof standards are high, legal costs are substantial, and process is lengthy. An added challenge is overcoming the empathy gap when suing respected medical professionals. Quality legal advice is essential. Specialist medical negligence solicitors have the expertise to build strong cases and compassionately guide families through the process.
Though challenging, litigation remains the primary route to get accountability, bring unsafe practices to light, and seek fair compensation when negligence causes devastating harm. In an ideal system, hospitals would investigate complaints thoroughly and compensate families fairly without forcing them through protracted legal action. Unfortunately, pursuit of justice through the courts remains necessary in far too many cases of medical negligence.
Understanding the System
Distinguishing medical negligence from regrettable but blameless medical errors allows patients to respond appropriately when things go wrong under medical care. Negligence deserves investigation and consequences, while errors warrant review and prevention but not necessarily individual blame. Healthcare providers also need to be open about mistakes, offer suitable redress and demonstrate a commitment to improvement. An environment of honesty and accountability benefits all parties after an adverse medical event.