As any UK resident will be aware, the National Health Service (NHS) is under pressure. An ageing population with evolving healthcare needs, in combination with staff shortages and insufficient funding, is putting a huge strain on the organisation. This in turn is creating a backlog with treatments that is causing further disruption.
The NHS being overburdened is leading to a rise in reports of inadequate GP and hospital treatment. This is accompanied by increasing numbers of patients turning to the services of medical negligence claims solicitors to pursue compensation for the mismanagement of their healthcare.
What is medical negligence?
Medical negligence is when a patient suffers harm because a healthcare professional has deviated from their duty to deliver appropriate standards of care. This ranges from misprescription to directly causing physical injury, and can occur at all points of the treatment spectrum from GP to hospital.
Common examples of medical negligence include:
- Misdiagnosis – failing to identify the problem or attributing symptoms to the wrong cause
- Surgical negligence – an error made during surgery that results in injury or complications
- Cancer negligence – harm caused by misreading symptoms and incorrect/delayed treatment
- Birth injuries – improper use of devices or poor care that causes physical/mental damage to babies before, during, and after delivery
Negligence in the NHS
Over the last decade, the NHS has seen a spike in medical negligence claims that has been described as unsustainable.
This is primarily because of the sheer volume of claims being made. Last year, over 11,000 clinical negligence claims were reported to the NHS which was actually a decrease on the previous twelve-month period. As it can take years to process these claims, the NHS is stuck in a vicious cycle.
Another reason that it is unsustainable for the organisation is the cost. The settlement of medical claims cost the NHS £2.7 billion in 2022 alone, nearly 10% more than the previous year. A staggering proportion of this goes towards legal fees, exacerbated by the backlog of claims.
It also sheds light on the fact that the healthcare system is operating in an unsustainable way. Exhausted employees, limited resources, and a lack of funding are creating an environment where medical malpractice is becoming an increasingly common outcome.
A sobering example of how the NHS is failing is the shocking rise in maternity care claims. These accounted for 13% of the total claims made in 2022, a figure that has doubled in the last decade as midwives become increasingly overstretched.
This century saw the biggest maternity scandal in the history of the NHS when it was revealed that 300 babies died or were left brain-damaged due to poor care at one hospital between 2000 - 2019.
It is clear that the NHS needs staffing, structural, and financial support if it is to escape the cycle of clinical negligence claims and regain its reputation with the British public.
