Medical Negligence Compensation
Can medical negligence compensation claims actually improve health care in the UK?
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Medical negligence is a serious issue, and this complex and murky field has been thrown into sharp relief recently by a damning report into failures at what has been described as a 'Third World hospital'. Repeated failings throughout the Mid Staffordshire NHS Foundation Trust meant that patients were left in pain, with no access to food or drink for days at a time and that staffing levels where woefully inadequate, according to an investigation commissioned by the Healthcare Trust. Drawing attention to failings within the medical profession can often be met with stonewalling, but medical negligence compensation claims specialists firmly believe that highlighting shortcomings within the NHS is essential if any progress towards better patient care is to be made.
"Suing the NHS is sometimes regarded in a negative light," says Nicholas Jervis, managing director of specialist firm 1stClaims. "The NHS has a very tight budget and often people think that making a claim against the organisation could be taking much needed funding away from more crucial concerns such as paying for more staff or improving facilities. The trouble is that without these kinds of claims, shortcomings within the system may not be shown up and consequently patients continue to suffer. Highlighting shortcomings within a healthcare organisation is an essential way of policing the system and protects the patient's interests," he adds.
It took nearly three years of continual failings to bring the Mid Staffordshire case into the limelight, by which time it was estimated that between 400 and 1,200 more people had died than would be expected over a three year period. Once the investigation had been launched it found deficiencies at 'virtually every stage'. The hospital, despite knowing that an investigation was about to be launched, was given prestigious 'Foundation Trust' status just weeks earlier. Foundation trust status is designed to mark out outstanding hospitals within the NHS. The affair has angered relatives of patients, who felt that their complaints were ignored or were met with excuses that did nothing to rectify the situation.
"In cases like this where medical negligence appears to be rife, patients and their families have an absolute right to be angry," says Nicholas Jervis. "They also have the right to be compensated for the suffering and distress caused. By pursuing a claim, a spotlight can be thrown on the deficiencies within the system and hopefully they can be rectified so that other patients don't have to suffer in the same way," he says.
A claim for medical negligence can be one of the most complex and difficult issues to face, particularly in the event of a patient death. But by asking serious questions about the standard of healthcare within what is essentially a very good service, weak areas can be addressed and improvements made. The NHS has a very good reputation generally for its level of patient care, but when things go wrong, they should be addressed head on and not hidden from view. Medical Negligence Compensation Claims specialists are seeing more people willing to pursue a claim against the NHS and believe that the message is finally getting through. "It's not just about the money," says Nicholas. "It's about getting justice for those who have fallen through the duty of care net for whatever reason, and ensuring that others do not suffer in the same way," he concludes.
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