While most doctors write down the important points of what they tell patients, medical professionals are busier today than ever and so are medical negligence cases. There are a multitude of reports on the internet and elsewhere throughout the United Kingdom detailing how the medical field is stretched too thin and most nurses and doctors are unable to get everything done and see every patient. It would then be assumed that they also don’t have time to always write down everything that they tell a patient. So what happens when you become the victim of medical negligence and the doctor cannot remember what they told you?
When Do Things Like This Happen?
For the most part, this occurs when the medical negligence claim is the result of an action or inaction on the doctor’s part that likely occurred a year or more in the past, and this may make it difficult for a doctor to remember exactly what was said. Reports indicate that this creates frustration for the victim in the process because the victim only has to remember what this one doctor said, but the doctor must remember what he or she told one of many hundreds of patients.
Recent cases in the United Kingdom show that when a doctor cannot remember what they did or said, or that they do not disclose that they remember what they did or said, this can make it more difficult for the victim to win the case and get the compensation they so rightly deserve. One report indicates a woman who underwent a procedure for an endometrial ablation who later became pregnant and gave birth to a child that suffered from extreme disabilities. In the case, the victim claimed that the doctor did not inform her that she could still become pregnant after such a procedure or that there could be significant risks to the child.
In medical negligence cases in the United Kingdom, the burden is not on the defendant to prove that they are innocent. Instead, the burden is on the victim of the medical negligence to prove that they were wronged by the defendant. In a case where the doctor “cannot remember”, the victim has an even greater burden. There may be no solid evidence in such a case, and if the victim or their attorney is unable to find evidence, it may be impossible to win the case.