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A New Law for Medical Negligence

The growth of medical negligence in the UK is stifling, there are so many reports of neglect and abuses its unreal. The government has decided a new law needs to be in place, one that makes the neglecting parties take criminal charges against them for their negligence’s. According to the law, there will be a jail term handed out for five years as a consequence for not taking proper care of the individuals in the medical firm’s patient books, especially if the patient receives serious injuries or dies.


The law states the offense would transfer the liabilities to the hospitals or the medical teams, private service providers or anyone involved in giving the aftercare. The proof comes in the form of willful or reckless mistreatment and or neglect. The size of the penalties being applied would be reflecting the mental capacity act of recent years. Giving fines or imprisonment for the maximum time of five years, if the condition of the patient is worse, the chances of the medical firm, private firm or hospital gaining both, is rather large.

The new law is being put in place after the research done in a four year time frame showed that more than one thousand people died at the hands of the staff of a local hospital. Where most cases were preventable; these poor people who were left unsupervised in the hospital died.

In this case, the owners of the hospital were more inclined to worry about their allocations of resources than the actual care the patients received at their hospital. The report was published in a local paper, however those involved in the incidents never went to court, never had any charges brought against them. Now however, this will change. An active study done by a University of Law determined it is very hard to prosecute doctors and nurses on the bases of criminal negligence.

Recently in a published article, a lady commented that medical treatment received in a poor manner should be treated as criminal. The lady said criminal charges should be brought against those doctors who feel it is in their best interested to be neglecting their patients; especially when the result is death.

However, there are some instances where the patient’s health may come into play, when their visit to the infirmity or old age is also part of the picture; the difficulty comes into play for the prosecution. In the recent study, the negligence left patients inflicted with suffering causing this hospital to be closed at the end of last year.

Substandard reports in the UK of medical concerns are on the rise, hospitals are unable to offer balanced care for their patients and the resulting deaths are on the rise, a twenty percent rise in the last year. In the last year alone, nineteen billion pounds have been paid out as settlements for neglect. Something the new law will hopefully put into place, the need to be of a better mind to help the sick.


Medical Negligence Claims Cases in the UK on The Rise

In the UK each and every year, the number of claims for medical negligence cases are on the rise. It’s possible to state the only outcome to a claimant for a case of negligence is the award of damages; where monies are allotted for the proposed damages in a claim filed by the patient, the patient’s family or that of a solicitor for a family.  In the event that a serious side effect has happened in your life, where you are unable to find suitable work, unable to sustain your current living standards and or a sudden change in your mental capabilities, filing a claim may be your best bet.

medical negligence

Negligence is handed by the legal duty of care which is owed to one person and provided by another which may have resulted in damaged caused by that person. Clinical Negligence often referred to as medical negligence is wrapped around claims against nurses, doctors, healthcare facilities, health care professionals and their supposed companies.

In all generalities, there is a bit of a difficulty when it comes to proving that a doctor or medical staffs who were responsible for treating a person or a family member owe the families or persons the duty to take care of said person. This is not limited to nurses or doctors, but also other health facilities, health practitioners and their said companies. This can also include laboratories, therapists, mental doctors and institutions as well as ambulance or emergency services.

In the UK the Bolam test is a test of whether a doctor breached the duty of care to an individual based on the standards set down by his or her precise field of expertise.  Remember you are required to show, whether the Doctor did or did not do this service. The comparison of other skilled practitioners in the same field will be measured against the Doctor in question.  Recent changes however, made to the court system have deemed when the court is relying on the verbiage of a Doctor to show what was not negligent – the opinion also has to be logical and reasonable.

When the presented information is handed to the courts, they will decide whether the matter is concerning treatment, diagnosis or plain advice. In some cases, generally speaking but in more specifics private practices are where there seems to be an issue. You or your loved one may have a signed contract for a specific type of treatment. In private care, the Doctor may have stated a specific type of treatment in which the treatment may have not happened as stated. This is where it should be noted that the Doctor may be in breach of the contract especially if he or she has not indeed been negligent.

Extreme cases of negligence are often more of a patient needing an amputation and the wrong limb was removed. In this case, the Doctor would have to prove why he or she did not take the correct limb. The best way to be ready for these scenarios is to be able to consult someone who knows the laws and what to advise you to do. Remember, there is no harm in seeking to claim. After all, you only get one life.



Medical Negligence Is Something You Need To Act On Immediately

Medical Negligence or Clinical Negligence as it’s called today happens when something goes wrong in the medical field of a patient. Whether the patient is being treated for a minor illness or after a major surgery; usually what happens is the patient may become sicklier or die suddenly. When this happens a claim for Clinical Negligence is filed. In the UK thousands of clinical negligence cases happen per year. It’s hard to determine whether these are from lack of interest, an over sight or just because someone felt the condition of the patient was not as bad as they initially thought.


Clinical Negligence is a growing concern and you should have someone you can trust when you suspect someone of not being true to your illnesses or the illnesses of your loved ones. Throughout time there have been instances where negligence was very serious, with patients and family members dying left and right. To make sure this does not happen in the county in which the event took place should have some type of punishment lined up for the doctors, nurses, the hospitals or the clinics where the case happened.

Without someone to help you with the maze of paper work involved in your claim, you could be missing out on the funds you could be reimbursed with and closure to your family loss. While there is no guarantee that your case will be accepted or monies given as retribution, you should still be prepared.  Finding a doctor or nurse in a negligence case has to have some proof of evidence. You must be able to show that the doctor or nurse did not act in a professional way.  If you went to a skilled practitioner who is a specialist and has treated a patient in accordance with the outlines of the practice, then there will be a very difficult time proving the treatment was intentional to harm.

In some severe cases the probability of a case is determined by the by chance of a cure where the person surviving the illness has a greater chance of surviving the illness instead of a by chance of maybe surviving a serious type of cancer.  Negligence would not be found with the latter, but it’s considered when there is harm done to the patient.

When filing a claim, evidence should include an inability to obtain work or reduce wages because of mental issues derived from the lack of treatment for the illness.  Lost wages incur a reduced sort of living which can then lead to more stress on the patient. This is factual information which resides in the current situation which can be used to make a claim.

When Doctors are called upon to give evidence to the court system, they must remain impartial to the parties. They are there to advise the court, but not to side with their solicitors. Often because Doctors have the expertise, people tend to hire solicitors with insurance monies in hopes that they will win their claim. Make sure that you do not succumb to medical negligence, and the moment you feel that your health, or a loved one’s health has been compromised, act.


Millions Compensated To UK Family Who’s Child Suffered Medical Negligence Via Injection

The family of 10 year old Maisha Najeeb, never imagined that a routine stay in hospital would have resulted in their daughter being permanently brain damaged.

medical negligence injection

Maisha Najeeb went into hospital in June 2010. She was a 10-year old girl who was basically healthy but had a rare medical condition that involves veins and arteries which can get tangled so as to cause a bleed. Prior to this time, she had been the recipient of successful embolisation treatment during which glue is injected into the body to block off blood vessels which are bleeding and a harmless dye is also injected so that the flow of blood around the head and the brain can be checked.

However, on this occasion when she went to Great Ormond Street Hospital for Children to receive treatment, the system in place that distinguishes between the syringe containing the glue and the one containing the dye was not in place and so the syringes got mixed up, according to solicitor Edwina Rawson, of legal firm Field Fisher Waterhouse. As a result, the glue was injected into Maisha’s brain by mistake, resulting in brain damage that was catastrophic and permanent.

Recently, Judge Birtles at High Court of London approved a settlement against Great Ormond Street Hospital NHS Trust for Children. It is multimillion-pound damages payout that includes a £2.8 million one-time sum, with £383,000 a year until Maisha is 19 and then increasing to £423,000 each year for the rest of her life, which some experts believe could be for another 50 years or more. The money will be spent to care for Maisha who is in a wheelchair and needs help with daily tasks around the clock. She has lost most of her cognitive and bodily abilities.

Liability for Maisha’s injuries was admitted by the trust and has apologized repeatedly to the family for the shortcomings in her care which led to such devastating consequences. As a result, the family has spoken in an open fashion with the trust so that the staff can learn what happened during the procedure and make the necessary improvements. The judge has also extended his admiration and sympathy to the family and hoped that the compensation would help to make the rest of the life of Maisha as comfortable as possible.

Neil Block, Queen’s Counsel, commented that as a result of the error, there are new procedures and systems in place so that such a tragic mistake cannot happen again. It is unfortunate that the clock cannot be turned back and money cannot make up for all that Maisha has lost, but he is certain that the settlement has lifted a great burden from the family.

Maisha’s parents seem to have reconciled with rehabilitation of their daughter who is now 13, Block added. However, outside of court, Maisha’s father commented that the family is devastated and their daughter’s life is ruined. He is glad that they were able to reach an agreement with Great Ormond Street Hospital so that Maisha can be cared for but hopes that by bringing this case to the public’s attention that this mistake can be avoided in the future.

The family’s lawyer agreed, saying that this injury could have been avoided if the syringes had been marked properly.  If you or a loved one have suffered from medical negligence, don’t suffer in silence. You deserve to be compensated.