In the UK, millions of people are treated by their local primary care doctor every year. The vast majority of these cases are resolved to the satisfaction of the patient. Diagnoses are performed, and treatments prescribed, and ultimately the problem goes away.
But even if the NHS were an almost-perfect health system, itโs run by fallible human beings and the fallible systems theyโve put in place. When millions of patients are receiving treatment, itโs inevitable that a minority of those patients will not be treated properly. Moreover, in a minority of that minority of cases, the mistreatment will amount to medical negligence.
The role of a doctor in patient care
Under the law, your GP owes you whatโs called a duty of care. If they fail to provide you with the care you need, then they might be held accountable. This is where the law concerning negligence comes in.
How to know if your doctor has been negligent
In law, negligence means that the doctor has failed in their duty of care. The mistake should be severe enough that it would not have been committed by a competent member of the same profession (in court, this often means getting another doctor in to judge whether the mistake is understandable). On top of this, the patient will need to have suffered as a result of the doctorโs actions. So, mistakes which donโt cause a problem arenโt negligence.
Common examples of medical negligence
Most negligence fits into a few obvious categories. If youโre unsure whether your situation amounts to negligence, itโs worth checking whether you fall into any of the following:
A misdiagnosis
If your doctor tells you that you have a different problem from the one you really have, then it could delay your getting the treatment you really need. Whatโs more, the misdiagnosis could cause you to be treated in a way thatโs actually painful and counterproductive.
Even if the diagnosis is correct, then it might still be negligent if it doesnโt arrive in a timely fashion. So, if your doctor doesnโt spot that you have an obvious problem until itโs too late to treat it, they are probably negligent.
Inaccurate or unnecessary amputation
Sometimes, itโs necessary to amputate a limb in order to save a patient. You might think โinaccurateโ here means cutting off the wrong limb โ but cutting off the right limb in the wrong place might also qualify. If your doctor needs to cut off a finger and ends up cutting off the entire hand, or arm, then negligence might have been committed.
Surgical negligence
Mistakes happen in the operating theatre, and theyโre often highly consequential. Loss of life is an extreme possibility. Leaving foreign objects inside the patient is also a potential problem.
Incorrect prescription
If youโre given the wrong treatment, then you might suffer severe and avoidable side-effects, and delay the administration of the right treatment. So, this is often negligence.
Making a claim
To make a successful claim, youโll need to prove that youโve suffered as a result of negligence. This might mean providing evidence of loss of earnings, or providing an account of the pain and suffering youโve gone through. The right solicitor will guide you through whatโs necessary. In many cases, theyโll act on a no-win, no-fee basis โ and you shouldnโt have to appear in person.