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Is Medical Negligence on the Rise?

It is clear to see that compared with England Scotland do not have anywhere near the same amount of medical negligence cases per year. During 2010 and 2012 there was an average of 395 claims in Scotland according to the Herald Scotland, compared to a massive 13,500 in England during 2011 and 2012. Obviously there is population differences with England exceeding a lot more than Scotland but the huge difference within medical negligence claims is astonishing. One of the main reasons for such fewer claims in Scotland could be down to the medical negligence claim process and the fact that the funding process was once totally different making it harder for those in Scotland to make a claim.

That said the percentage increase in Scotland during 2010 and 2011 saw an 18 per cent increase with England seeing a 20 per cent increase so it’s fair to say that when comparing both countries figures of medical negligence claim compensation cases that they are not on the same level they are in fact increasing in the same percentage brackets.

Medical Negligence has cost the Scottish NHS system more than 200 million during the past six years and this cost of damages is set to rise year on year. When averaged over the six years it has cost the Scottish NHS 35.6 million each year. The unfortunate fact is that all such funds do not go to the victim they are soaked up by health board defence bills and the claiming fees of the successful side which in reality is quite saddening as such fees should be capped at a limit to prevent a lot of the NHS budget being put aside.

Even more frightening is that during the six years a huge 2507 medical negligence complaints were lodged but not as yet turned into claims and may never be due to the time limitation but could have been increasing the rise in medical negligence claims even more so.

Impact of Medical Negligence on the NHS

There is no clear evidence as yet but it can be said that having to budget for huge compensation claims is having massive affects on the NHS in Scotland. According to the Shadow Health Secretary Jackie Baillie, mistakes can happen but they are very often due to medical staffs and health care workers being completely over stretched with resourcing not always being available and on a tough tight schedule that often is not always achievable.

Since 2009 an incredible 2500 nurses and midwives have been axed which to any mind professional or not can only be damaging to the health service and it puts greater force and expectation on a system that was already stretched to the max. It is not surprising that the number of cases of medical negligence are on the rise and if substantial medical negligence was present before so many valued hands were axed the only conclusion is that there is clear motive for why it is rising even further.

However although claims are actually on the rise according to the Health Secretary Alex Neil not all claims are successful and during 2011 and 2012 the costs of medical negligence cases was halved to 30 million compared to 60.7 million in 2011 and 2012. A clear argument for this though is that cases especially those that exceed 10,000 can take much longer than a year to be concluded so the actual bill for 2011 and 2012 could be a lot higher.

How to Claim Medical Negligence in Scotland

Medical negligence can vary in meaning but the generalisation of it is that it is treatment or a service provided by the medical environment i.e. a medical practitioner that has in some way caused you harm either by making a person more ill or actually creating a totally different illness which otherwise wouldn’t have been present. When a patient is injured through no fault of their own but through the actions of a health practitioner that could have been avoided then a negligence act has occurred.

That said all injuries that happen under the treatment of health care workers cannot always be considered as negligence, medical accidents or adverse accidents can take place. Such accidents may occur as there has been adverse effects or complications to a certain type of treatment or medication but no one is actually to blame.

Examples of medical negligence can include;

-          Failure to diagnose a patient’s condition which may lead the condition to worsen while the correct diagnosis is being worked out.

-          Diagnose a patient with the wrong condition which in turn can delay the true diagnosis and the patient may receive the wrong medication in the first instances and be delayed the correct medication causing the illness to worsen.

-          Wrong sight surgery, when surgery is performed on another part of the body which may have been fine and not needed treatment atall.

-          Complications of surgery, this can take on different forms as patients can have different organs affected by surgery some people may experience another organ being perpetrated or patients can have problems with the anaesthetic which can be very dangerous even cause brain injuries.

-          Failure to obtain consent, this can be when a health practitioner does not get consent in writing from a patients to go ahead with treatment. Sometimes patients are not completely informed of the risks of a type of treatment or surgery and if complications occur and the patient suffers not knowing that this problem could have occurred then a negligent act has been committed.

What happens if a negligent act has been committed?

First off the victim of the negligence should have treatment to try to correct any procedure that has caused them an injury or harm. They may feel that they want to transfer to a different hospital or just get a second opinion to ensure they know the full extent to which the negligence has gone. The next steps to happen are entirely the choice of the victim and maybe the victim’s family. If the people involved are just seeking information to why their standard of care slipped and an apology then simply writing a letter of complaint to the hospital may conclude this. Making a formal complaint can be done through the NHS Complaints Procedure and by doing so can give you detail of what happened and what went wrong which in turn can help towards making a decision of whether to claim compensation.

However, if the victim and family wish to pursue compensation then seeking out an expert solicitor in medical negligence maybe necessary as the claims process for medical negligence can be quite complicated. Inorder to understand the claims process access ‘A Study of Medical Negligence Claiming in Scotland’. It is important to understand that when making a claim for compensation may not always give you answers to why the negligence was committed or an apology you may deserve so going through the complaints department first should be considered.

Instructing a Solicitor

It is vital to investigate a variety of solicitors, find out how long they have been operating and their success rate in medical negligence cases so that you are sure that they have the capabilities to successfully lead you case. The solicitor will need full access to your case and all medical records. They may first have you assessed by a medical expert so that they can assess your case and evaluate its full potential. After the evaluation the solicitor will inform if the case will deliver in court and if they will take on the case.