Lees Solicitors - NHS may have to own up to errors that kill or harm patients - Stephen Lewis

Clinical Negligence News

NHS may have to own up to errors that kill or harm patients - Stephen Lewis


NHS may have to own up to errors that kill or harm patients - Stephen Lewis

The Guardian reported on 27 September 2009 that the Department of Health are considering new proposals to impose a legally binding "duty of candour" on the NHS to admit to patients when an error has led to harm, as well as explain exactly what has gone wrong and apologise.

This is an effort to improve safety and cut the soaring cost of compensation for medical negligence.

It is reported that the cost of settling legal claims against the NHS for clinical negligence rose to £807m last year, a rise of £146m on the year before. There has also been an increase in the number of claims, rising from 5,354 to 5,955.

In a report, the health select committee said that most NHS patients got safe, effective treatment, but not all care was as safe as it could be; some patients were "harmed, sometimes seriously, even fatally" and "tens of thousands of patients suffer unnecessary harm each year and there is a huge cost to the NHS".

In a situation where a patient has suffered harm as a result of medical treatment, what they want most is an explanation as to what precisely has gone wrong and more particularly, an assurance that action has been taken to prevent the same mistakes affecting others.

However, all too often, patients are left feeling frustrated and let down by the defensive culture of the NHS and believe they have no alternative but to resort to legal action.

There is therefore a need for the NHS to create a culture of communication, openness and honesty when errors have occurred in the provision of care to restore and maintain trust with the public.

For further information about any Clinical Negligence matter please contact a member of our team on 0151 647 9381 or 0800 387 927.

Stephen Lewis

 

This article provides a summary of a recent case/change in law/news item. It is intended for general information purposes only and is not to be relied upon. It does not constitute legal advice and should not be treated under any circumstances as a substitute for legal advice. Lees Solicitors LLP does not accept any responsibility for any loss that may arise from reliance upon the information contained within this article. The copyright in this article is owned by Lees Solicitors LLP and permission must be sought before reproduction or publishing.


arrow Back to Clinical Negligence News