Countless people are treated by doctors, nurses, dentists and other medical professionals on a daily basis. Fortunately, the standard of healthcare in the UK is generally excellent and we can trust our medical professionals to provide good quality treatment.

It is the case, however, that things can go wrong and the outcome may not be what was expected by the patient. In many such cases, this is not due to fault on the part of the doctor but due to the medical condition of the patient before treatment began or complications which happen regardless of the care and skill of the doctor. Our bodies are complicated and individual to us and it is not always possible for a doctor to control the outcome of treatment, hence why we are warned of the risks of any procedure in advance so that we can make an informed decision about proceeding.

Our medical profession work incredibly hard in often difficult circumstances and, on the whole, genuinely want to help people. All professional people must, however, be accountable and should a medical professional act in an unreasonable manner and a patient suffers unnecessarily or even dies as a result, the English justice system rightly allows the wronged person (or their family) to pursue a negligence claim.

The first thing that must be established in such a claim is breach of duty. You need to prove that the medical professional acted in a way that fell below a standard considered as reasonable for their experience and specialism. Provided you can establish a breach of duty, you then need to show that the breach of duty caused you to suffer an injury which you would not otherwise have suffered. You have to prove both elements in order to succeed with a claim. It is sometimes possible to establish breach of duty but not causation, in which case the claim would fail. An example of this is where you can prove that a doctor was negligent in failing to diagnose your cancer but, even if it had been diagnosed earlier, your outcome would have been the same in any event.

If you succeed with your claim, you are entitled to be compensated for your pain, suffering and financial losses, both past and future. Some people suffer life-altering injuries meaning that they cannot return to their chosen career or their family now need to care for them.

Medical Negligence claims will not succeed where a medical professional has acted reasonably and so, if you have concerns that you may have suffered medical negligence, speak to one of the specialist solicitors at Blythe Liggins for an initial view on 01926 831231.

Caption: Claire Kirwan, Partner and Head of the Personal Injury Department at Blythe Liggins.

An NHS hospital trust where clinical malpractice has been linked to the deaths or brain damage of at least 92 babies is facing fresh negligence claims. The independent review into Shrewsbury and Telford Hospital NHS Trust began in 2017 after the local coroner and several bereaved families raised concerns about the number of avoidable deaths. The investigation identified substandard care leading to three mothers and 42 babies dying and at least 50 babies suffering brain damage.

When the review was first opened, it only covered 23 cases but now 600 incidents at the Trust are being investigated. The investigation team is being led by midwifery expert Donna Ockenden in what has been described as the worst maternity scandal ever to hit the NHS.

Claire Kirwan, Head of Medical Negligence at Blythe Liggins, is a specialist in such claims and is appalled at the information that is coming to light.

“Any woman giving birth needs to be able to trust and rely on the medical staff supporting her: it is their job to do everything in their power to ensure that both mother and baby are safe. Whilst some deaths and injuries are unavoidable, even with the best care, there can be no excuse for failing to act on warning signs when lives are at stake”.

If you believe that care provided to you when giving birth was not up to a reasonable standard then call Claire on 01926 831231 for advice.

Caption: Claire Kirwan, Partner & Head of the Clinical Negligence and Personal Injury Department