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Medical Negligence Mistakes

A simple mistake, or medical negligence?

The media has been full of a particularly distressing story recently, not because it is unusual or unexpected but because the actions of a care worker were caught on CCTV. The result is that an NHS trust is now facing legal action for clinical negligence after a care worker switched off a man’s life support system. The actions of the nurse have allegedly left the man permanently brain damaged, and his family say that he now has the mental capacity of a young child.

The man, who was paralysed from the neck down in a car accident in 2002, had become increasingly concerned about the standard of care that he was receiving and had arranged for CCTV monitors fitted in his bedroom to document his concerns. Although paramedics were called within half an hour, the damage had already been done and his brain, starved of oxygen, has sustained considerable injury as a result.

Home Care Workers - Who’s Responsible?

The case highlights an area of potential medical negligence that rarely gets such blanket press coverage - home care for severely disabled patients. In this instance, the nursing care was provided by the local health trust, and it is they whom the family claim are responsible for the poor quality of care that the man has received. But it does draw attention to the plight of thousands of other severely disabled people across the country who depend on the care of their local health trusts to enable them to stay in their own homes. So was this just a simple mistake, a one off albeit desperately sad accident, or was it medical negligence?

To pursue a medical negligence claim, two areas have to be established. The first is that the actions of the care worker directly contribute to a worsening of the patient’s well being - pretty clear-cut in this case. The second aspect however, is somewhat harder to prove, and that is for medical negligence to be established the standard of care has to fall below a level that would normally be expected from someone of equal experience and expertise. Obviously, any care worker would not intentionally switch off a patient’s life support unit, and there is nothing to suggest that the care worker in this situation did so with any malice. But was it inexperience, poor training or just a tragic mistake that caused the nurse to flick off the wrong switch?

A Duty Of Care

Whatever the outcome of the legal challenge by the family, this case has served to highlight the risks of home care treatment in dramatic fashion. Health workers, whether their usual place of work is an established medical facility such as a hospital or as a home care worker, have a duty of care to maintain acceptable standards of treatment. The health authority responsible for assigning care workers to home-bound patients also has to ensure that the standard of treatment they receive is as good as any care they could expect to receive in hospital.

If those standards drop to an extent where the patient’s well being and health is put in jeopardy, then the family has every right to pursue a medical negligence claim. But because of the complexities of medical negligence cases, it is imperative that victims seek expert guidance and assistance from experienced and qualified medical negligence solicitors who have a background in dealing with what can be very difficult cases.

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FREE GUIDE - 7 Questions You Must Ask Before Choosing Your Medical Negligence Solicitor

If you believe you have been the victim of an act of medical or clinical negligence you need our free guide which answers all of the questions that you need answers to before deciding to make a claim, including:

• What are the costs of making a claim for compensation
• The reasons you should or should not make a claim, including protecting other patients
• Whether using a solicitor or a claims company will make a difference to the success of your claim
• The questions you must ask to ensure you choose the right person to help you with your claim

Before you take any further action, take five minutes to read our free guide so that when you do pick up the telephone or fill in an online enquiry form, you know exactly the questions you need to ask to find the right medical negligence claim solicitor for you.

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