Medical Negligence – The Effects of Incorrect Care

It was reported last week that there were ‘serious concerns’ over the hospital care of former Arsenal and Everton footballer, Kevin Campbell, who sadly passed away in June.

Coroner Zak Golombek said “Manchester University NHS Foundation Trust, which manages the hospital, had declared a Level 5 patient safety incident – the most serious category – about aspects of his care.”

Sadly, with the NHS under so much pressure, mistakes can happen and medical negligence cases are on the rise. But what is classed as medical negligence? Sara Haf Uren, a Partner in our Clinical Negligence team, explains.

Understanding Medical Negligence

In order to prove a claim in medical negligence you need to establish:

1. That there was a breach of duty, which means the care received fell below the standard expected of a responsible body of medical practitioners; and
2. That any medical negligence caused, or at the very least materially contributed to the injuries and reasonably foreseeable losses. Causation has to be shown on the balance of probabilities. The basic test for causation can be summarised as: “But for the negligence, the patient would not, on the balance of probabilities, have suffered the harm in any event”.

Anyone who has suffered as a result of medical treatment provided by healthcare professionals from GPs, hospitals, private clinicians, dentists or care homes can potentially bring a claim. Such claims can cover a wide range of issues such as delay in diagnosis or complete misdiagnosis, surgical errors, medication errors and more.

In Campbell’s case, both a delay in aspects of his care and diagnosis has been flagged in the inquiry.

How Medical Negligence Can Affect You

Medical negligence is not limited to high-profile cases like that of Kevin Campbell. It can happen to anyone and can have severe, devastating and sometimes fatal, consequences.

Here are some examples of the different types of negligence:

• Surgical Negligence:Although the vast majority of general surgical procedures are safe and successful, there are unfortunately times when things can go wrong. Common examples include, a delay in performing surgery, other organs being damaged, a risk materialising that the patient was not warned about, retention of surgical material such as swabs or wrong site surgery.
• GP Negligence: General Practitioners (GPs) are usually the first port of call when discussing your health. GPs are often under pressure however they still have a duty of care and sadly, care can often fall below the expected duty. Common errors are, failing to examine a patient properly, failing to make a correct diagnosis, issuing incorrect medication, failing to refer or consult with specialists, failure to keep adequate medical records.

• Birth Injuries: Birth-related injuries are not common but mistakes can sometimes occur during childbirth that cause harm to the mother, the baby or both.
• Pressure Ulcers: Also known as bedsores are injuries to the skin and underlying tissue, caused by prolonged pressure to the affected area. Pressure sores can develop quickly in patients who are bed-bound for an extended time period but they are almost always preventable.
• Sepsis: Sepsis (blood poisoning) has been referred to as the “silent killer”. It is a serious and life-threatening condition that occurs when the body’s immune system overacts to an infection. It is classed as a medical emergency. There are around 48,000 deaths from sepsis in the UK each year. If sepsis is not recognised and treated promptly, the immune system attacks the organs and tissues. If not treated promptly, this can lead to organ failure and in some cases prove fatal. However, prompt treatment with antibiotics can mean a full recovery.

Protecting Yourself Against Medical Negligence

While it’s impossible to eliminate the risk of medical negligence entirely, there are steps you can take to protect yourself:

• Be Informed: Educate yourself about your medical condition and treatment options. Don’t hesitate to ask questions and seek second opinions if something doesn’t seem right.
• Advocate for Yourself: Speak up if you feel your concerns are not being taken seriously. You have the right to participate in decisions about your healthcare.
• Legal Action: If you believe you have been a victim of medical negligence, consult with a legal professional who specialises in clinical negligence. They can help you understand your rights and pursue compensation.

Conclusion

Kevin Campbell’s death is a heartbreaking example of the devastating consequences of medical negligence. His story underscores the importance of vigilance in healthcare from the medical professionals involved.

How Can We Help

If you or a family member has experienced illness or injury as a result of poor-quality medical treatment or medical negligence, our team of experienced clinical negligence solicitors is on hand to help.

Please contact our team today to discuss your circumstances and see if you may be able to make a claim.