Could Nhs Reforms Lead To A Rise In The Number Of Medical Negligence Claims?

With the amount of compensation claims expected to total over 80 million pounds for 2010, it would be reasonable to assume that the NHS would be doing everything in its power to reduce the potential for medical negligence claims to be levied against it. However, if there is substance to the revelations made by NHS Choices, then the reverse is true.

NHS Choices has revealed that between four and 10% of hospital patients will develop a bedsore whilst receiving medical treatment. This figure increases to 70% for the elderly and for those with mobility problems. On the face of it, this might sound uncomfortable, but no more than that. However, bedsores can develop into life-threatening conditions.

Bedsores are caused when soft tissue is pressed against a surface such as a mattress, chair or bed cage for prolonged period of time. Constant pressure on these areas limits blood flow and results in damage that is something akin to a burn. However, the damage isn't just limited to the surface of the skin. If left unchecked these sores deepen and can go on to engender potentially fatal conditions such as Deep Vein Thrombosis and blood clots.

A tragic outcome

A case in the Royal United Bath Hospital proved to have this tragic outcome. A 37 year-old sufferer of multiple sclerosis was admitted with pneumonia. During the 10 days he was there, visitors regularly complained that he wasn't being moved enough to prevent the build up of bedsores. On being discharged, it was found that he had developed a sore as large as a fist on one of his buttocks. As a direct result of this, he died less than a year later. An expert witness explained that the energy required to recover from such a massive sore would have provoked a severe decline in his multiple sclerosis and, ultimately, was the major contributing factor to his death.

Duty of care is a legal contract

In seeking out medical care, a patient enters into a legal contract with a medical professional. This contract binds the professional into providing the best care available. Included in this 'duty of care' is their obligation to adhere to accepted standards of practice and a commitment to uphold regulations that have been laid down by medical authorities. If there is any deviation from these standards or practices and the patient suffers an injury or dies directly as a result, then the medical professional can be held responsible. Bed sores, although they may initially appear to be nothing more than uncomfortable, are deemed to fall into the category of medical negligence. They are unacceptable and display a lack of proper care on the part of the professionals involved.

There are formal avenues that a victim can pursue, such as following NHS procedures or complaining through the local authority. However, it seems that many medical institutions remain deaf until a complaint translates into financial recompense. While the NHS may be struggling to uphold its core values, it cannot be expected to do so at the expense of patients' health or, in some tragic circumstances, their lives.