The theme of World Health Day this year is to raise awareness around people’s right to quality healthcare under the theme of ‘My Health, My right’.
Healthcare is a fundamental right of every human being and is recognised in the World Health Organisation Constitution (2024 WHO), the Declaration of Human Rights (1948) and many international and regional human rights treaties.
HOW DOES THIS RELATE TO CLINICAL NEGLIGENCE CLAIMS?
All WHO Member States have ratified at least one treaty that recognises the right to the highest attainable standard of physical and mental healthcare.
In the UK, we are fortunate to have free access to a high standard of medical care compared to other countries around the world, but our medical professionals should still maintain and improve their standards of care by keeping up with the latest practices, training, acting on feedback, audits, and performance reviews (GMC 2024). Often this appears not to be case, as according to NHS resolution there were 13,511 reported clinical negligence claims in the financial year of 2022/23 (NHSResolution, 2024).
If the standard of care falls to such a level that no other reasonable and responsible healthcare professional would have provided the same circumstances, then this may amount to a breach of duty of care, which is one of the requirements that needs to be met for successful clinical negligence claims.
To establish breach of duty of care, three elements must be proven:
That the Defendant owed you a duty of care.
That this duty of care was breached.
If the breach of duty of care is established, it must also be proven that this resulted in physical or psychological harm/injury to you, over and above what you would have suffered in any event.
If these are proven, then there may be grounds for a clinical negligence claim. See below the following case study as to how breaches of duty led to physical injury.
CASE STUDY
X began suffering from left shoulder pain and a persistent cough. X underwent physiotherapy and received a steroid injection for their shoulder. After multiple x-rays, it was discovered that X had slight wear and tear to three joints in the neck which suggested a rotator cuff problem.
X began coughing up blood and was eventually referred to a Consultant in Respiratory Medicine. It was discovered that X had a lesion on their lung and had pneumonia. X was then informed that they had left lung lobe squamous cell carcinoma and that they were to have chemotherapy and radiotherapy treatment with curative intent.
After completing the treatment, X was still suffering with stomach symptoms and their left-hand side and back was sore. After some frequent A&E visits due to the pain and commencing immunotherapy, a diagnosis of plural effusion was made in relation to the pain X was feeling. X then began to feel pain as though acid had been thrown on them and X was given anti-shingles medication. X’s immunotherapy was stopped to try and improve the pain they were feeling, and X was relying on strong pain medication and acupuncture treatments.
X continued to deteriorate further, and they remained in constant pain, which remained localised to one location in their ribs. Later, it was found there had been local rib destruction and metastases and erosion of the 8th and 9th ribs. X was then informed that the same findings were visible on a scan from months earlier. X was then referred to another Consultant in Clinical Oncology who confirmed how desperate the diagnosis was, and X was then referred to the Pain Clinic to control their symptoms and pain. Unfortunately, X was admitted to a hospice, and they sadly passed away.
If you or anybody you know has experienced negligent medical treatment which has resulted in physical or psychological harm, you may be entitled to compensation. Please feel free to contact us on 01244 354 688.
