Medical negligence is where doctors or any other professional in the medical profession have been found in breach of a duty of care. For example if a doctor failed to diagnose a medical condition or diagnosed the wrong condition this would be classed as medical negligence.
Doctors, dentists, midwives, nurses, physiotherapists, psychologists and psychiatrists all have "duty of car" to ensure their patients receive the correct treatment in a proper ethical manner. If you or someone feels that they incurred an injury or suffered emotionally because one of these medical professionals not doing their job probably then you maybe able to make a medical negligence claim against them or the organisation they work for. Maybe the treatment you received went wrong in which case the treating doctor is required by his governing body the "General medical Council" to inform the patient that the treatment went wrong. At the very least you are entitled to an explanation.
Injuries such as these can arise out of for example, cancer treatment, accident and emergency treatments, anaesthetics, cardiothoracic surgery, cardiology, gastroenterology, oncology, keyhole surgery, mental health, neurosurgery, obstetrics and gynaecology, oncology, ophthalmology, orthopaedics, paediatrics, plastic surgery, psychiatry, sterilisation, urology, dentistry, vascular surgery and the list goes on. Also if you or a family member suffered brain damage or psychological injuries like nervous shock or the worst scenario death these are fine examples of medical/clinical negligence.
It is not just patients of the NHS, those who were treated in private hospitals as private patients will also be able to claim for breach of contract if your medical treatment was substandard.
Claiming financial compensation for clinical or medical negligence can be quite a lengthy and complex matter. Because of which it is paramount that you enlist the help of a professional personal injury specialist. If this puts you claiming it shouldn't. When someone claims for personal injuries (compensation) for a road traffic accident it is generally easy for your personal in jury lawyer to establish who was at fault and whether the injuries were due to that accident. If the accident wasn't your fault, and your injuries were obviously related to the accident (like whiplash), you will have a strong case. With claims against the medical profession the claimant will need to obtain medical records and get statements to prove that:
- That there were serious errors in your medical treatment which no competent doctor would have made
- The doctor or other healthcare professional owed a duty to take care of the claimant and not cause injury
- There was a breach of that duty to take care
- That breach of duty has caused harm to the claimant
- Damage or other losses have resulted from that harm
The Health and Safety Executive, concerned for the safety of 'lone workers', has recently published new guidelines for employers that emphasises that out of sight should never mean 'out of mind' in a working environment.
The guidance reinforces the concept of the employer's duty to ensure that lone workers are properly assessed to consider all the risks that are peculiar to a lone working environment.
These issues include:
* The fact that there is nobody to report incidents to or to detect fatalities, particularly in high risk areas.
* Omissions on the hand over of duties.
* An increased threat of violence, risk of fraud or dishonest activity.
* Consideration of the impact of a lone worker's medical condition.
* Risk of employees 'cutting corners' or unsafe practices developing owing to a lack of supervision.
* Workers trying to continue operating using defective equipment or work stations.
The HSE considers that lone workers are particularly vulnerable and should be consulted on the assessment. They also emphasise that lone workers should also be fully trained in any areas identified as a potential risk, and that measures should be enforced to ensure that lone workers are not put at risk. These may include identifying jobs that are prohibited when working alone, such as lifting heavy objects or operating at height without adequate safety equipment or an assessment of the situation beforehand.
The greatest issue is the lack of supervision. Obviously, employers have to be able to trust their employees to operate in the safest ways possible, but this isn't always the case in real life. The lack of supervision also leaves another door open - the risk of fraudulent compensation claims for injuries suffered while working alone. Often, claims result from non-reported accidents at work, and leave the employer at a distinct disadvantage. That is not to say that every claim by a lone worker is fraudulent - what it means is that lone workers often do not have the same ability to report an accident and have it documented in the same way that an accident in a workplace where there are other employees present does. Lone workers don't have their own 'accident book', and one of the most essential pieces of any claims jigsaw is hard evidence.
Although this may seem to put employers on the back foot when it comes to fulfilling their duty of care to lone workers, there are ways that the risk of a lone worker suffering an accident can be minimised. If an employer knows that their workers are going to be operating in a solo situation, a complete risk assessment and (if necessary) controlling measures need to be implemented. If this isn't done, then the worker has a legitimate grievance in the event of an accident and a claim can and should be pursued. If not just for the financial aspect of the claim, then to prevent another lone worker from suffering a similar fate.
Out of sight should never mean out of mind in a work situation. The duty of care responsibilities of every employer extend to all employees in their care, whether they're working with others or on their own. The HSE has made it quite clear that they will take a strong, disciplinary line with employers who adopt an out of sight, out of mind approach to worker's safety and that claimants have every right to expect the same treatment in law as those who work in more clearly defined working environments. As the number of people working from home and in solo positions rises, it is an issue that will continue to have the HSE spotlight shined directly onto it.
