Healthcare providers have a duty to provide quality care to the patients they are treating. But since healthcare professionals are human beings, they do occasionally err. In some cases, a mistake can result in a measurable worsening of outcomes for patients.
Recent Cases Highlighting Healthcare Oversights in the UK
A notable recent example of a medical oversight comes from the case of Martha Mills, whose death in 2021 from sepsis resulted in the adoption of ‘Martha’s Rule’, which empowers staff to ask for reviews from other teams, and allows patients themselves to escalate when they feel that their condition is worsening.
Martha Mills fell off her bike in 2021 and suffered a pancreatic injury. This later developed into sepsis. A coroner ruled two years later that Martha would have survived had she been moved into intensive care earlier.
Legal Implications of Healthcare Oversights
When patients suffer because of oversights made by healthcare staff, the results can be damaging for both parties. In many cases, the result is a negligence claim. Where the oversight puts the provider on the wrong side of healthcare regulation, the provider might be exposed to other kinds of legal risk.
The Role of Patient Advocacy in Addressing Healthcare Failures
Patients who have suffered as a result of healthcare oversight, as well as their families, can help to shape the way that healthcare is practised in the UK. The adoption of ‘Martha’s Rule’ is just one example, of this.
Where healthcare organisations like the NHS are blind to the perspective of patients, mistakes can be repeated again and again, and harmful practices and culture can be perpetuated. Patients should be educated, through advocacy, of their rights and their options. An advocate can help communicate the wishes of the patient to the healthcare provider, in a way that the patient would endorse.
Strategies for Legal Practitioners Handling Cases of Healthcare Oversight
This area of medical negligence law can be complex and emotionally difficult. Care is therefore required on the part of the legal professionals who deal with it. Offering ‘no win no fee medical negligence’ agreements can provide clients with access to justice without the burden of upfront legal costs.
It’s important to form a strong and complete understanding of medical standards, and to evaluate each case on its own merits. Having access to expert witnesses can also be enormously helpful in evidencing a particular case.
Write and Win: Participate in Creative writing Contest & International Essay Contest and win fabulous prizes.
