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Seasonal Medical Negligence Claims

Could the time of the year have a direct bearing on medical negligence?

A new report by a lecturer from the Royal College of Surgeons has suggested that patients who have surgery in hospital have a higher risk of becoming a victim of medical negligence depending on the time of the year. Oisin Breathnach found that January was the worst month for surgical errors that resulted in medical negligence">medical negligence compensation claims, with operations carried out in July coming a close second.

Why January and July?

The reason that these two months are particularly hazardous to patient’s health is that January and July are the times when junior doctors changed jobs. Most junior doctors are on six-month contracts, and because of the rotation patterns of the contracts were often joining departments without the benefit of a more experienced ‘mentor’ doctor to work alongside.

The report was prepared for the State Claims Agency, which handles all medical negligence">medical negligence compensation claims and also has a database of incidents where potential medical negligence reports are documented. Dr Breathnach looked at 42,094 cases where ‘adverse events’ (cases in which a patient was harmed) were flagged up between January 2004 and May 2010. He found that 14% of cases happened in January, with a further 10% occurring in July - corresponding exactly with the times when six-month contract rotations were a factor.

Concern over the results

The Health Service Executive has looked at the findings and has expressed concern with the results. They have responded by altering the rosters for junior doctors to ensure that they spend at least two weeks working alongside more experienced health care experts before taking on responsibility for a team.

So is this just another excuse for poor clinical management, or could some medical negligence claims be the result of poor shift management? Either way, the responsibility ultimately lies with the health trust concerned. It is part of their duty of care to ensure that new staff joining medical teams are not only fully competent and sufficiently well trained to ensure the safety and well being of the patient, but also that their working patterns do not present a danger to vulnerable patients purely because they are ‘new to the team’.

New roster patterns to counter the problem

The new contracts will ensure that new junior doctors spend at least two weeks working alongside existing and more experienced staff to allow trainees to become familiar with the team they are working with. The HSE has also indicated that plans to extend contracts from six months to two years are being finalised.

In reality, an excuse such as ‘the incident happened during a shift change’ is one that is often cited in medical negligence claims. That does not make it a valid excuse for any reductions in the standards of care towards the patients. More experienced team members are still on hand to ensure that new members do not make mistakes that could jeopardise the well being of patients, but according to Dr Breathnach’s report it has affected over 42,000 patients in the last six years. It is to be welcomed that the HSE has taken this report so seriously - seriously enough to act quickly and decisively. But for the victims of medical negligence it is small comfort and still presents no excuse for a failing in the health authority’s duty of care. As always, the advice is, no matter what time of the year, victims of possible medical negligence should seek the advice of a trained and experienced solicitor if they wish to pursue a case.

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