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Robbie's Law could make medical negligence claims easier
Robbie's Law could make medical negligence claims easier
The UK’s Government has been inspired by the plight of a Welsh family to implement a ‘Duty of Candour’ within the health service. This duty, nicknamed ‘Robbie’s Law’, would ensure that medical professionals are honest with patients and their families when things go wrong or mistakes are made. In addition to providing patients and families with the truth, the Duty of Candour may also make it easier for victims of medical negligence to launch compensation claims.
Robbie’s Law
In 1990, 10 year-old, Robbie Powell died as the result of misdiagnosis. He died in Swansea’s Morrison Hospital after medical staff failed to diagnose a life-threatening glandular condition, Addison’s Disease, which is fully treatable. It has taken his family 21 years to finally uncover the truth of what happened. His father, Will, said: “As the law stands, doctors responsible for the negligent death of a child or an adult patient do not have a legal obligation to be truthful to the parents or the next of kin. It should be everyone’s fundamental right to honesty from the medical profession when something has gone wrong.”
Inspired by this story, the UK Government has decided to implement ‘Robbie’s Law’, the news of which has been received by the charity Action against Medical Accidents as “potentially the biggest breakthrough in patients’ rights and safety since the creation of the NHS.” Robbie’s father also believes that: “Had there been a duty of candour in 1990, the circumstances of Robbie’s death would have been investigated honestly and openly at the time.”
Future Implications
The implementation of Robbie’s Law could also hold significant meaning for those seeking to pursue medical negligence claims. Currently, the NHS pays put around £1billion per year in compensation, but the NHS Litigation Authority believes that that figure may not reflect the actual number of cases in the UK. A spokesman said that “for every case that is launched, there could be a further two or three that have not made it to the drawing board.”
Nicolas Jervis, managing director of personal injury specialists 1stClaims, believes that a duty of candour would also help to strengthen the bond of trust between medical professionals and their patients. He says: “The fundamental trust between GPs and patients has been eroded by the barriers of red tape that are presented to anyone seeking compensation for medical negligence. While Robbie’s Law may not prevent negligence, it would create a greater transparency to the NHS, which can only translate into respect. For those launching litigation, it should be far easier for victims to present honest and accurate cases to the courts.”
Nicolas also believes that there could be a further benefit to be taken from Robbie’s Law. “Once the public are given full capacity to seek recompense, the NHS will be able to build a truer picture of its strengths and weaknesses. By making it easier for victims to claim compensation, the NHS will, in turn, gain a greater understanding of the work it needs to undertake behind the scenes,” he concludes.
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