The Necessity of Medical Negligence Law

Medical negligence is the name given when a medical professional has been negligent and this has caused a patient’s injury or death. This means they have failed to provide the expected level of care which has specifically caused the injury or death. Medical negligence legal cases can result in the prosecution of those guilty of negligence and compensation being paid to the effected person or persons.

Criticisms

There have often been criticisms of medical negligence and medical negligence solicitors. They have been criticised for benefitting from mistakes made by others, especially so-called ‘ambulance chasers’, a term used to describe unethical lawyers who encourage victims to sue for damages caused. This type of thing has been blamed for much of the ‘blame culture’ and ‘suing culture’ that some claim has taken over society in recent years – with people always looking for someone to blame and looking to sue for anything they can.

The Reality

The reality is that you cannot sue for anything. For a successful legal case there must be genuine blame and genuine malpractice; we are not talking about innocent mistakes being made. Those who can be held legally responsible for medical malpractice are those who have failed to follow rules and regulations or taken unnecessary short cuts that have put others in danger. It is those who have deliberately ignored their responsibilities which has risked lives or the health of others.

Accountability

Where medical negligence has taken place it is important that those responsible are held accountable. Yes mistakes happen – but negligence cannot be accepted. Genuine mistakes are acceptable – everyone makes mistakes, including health professionals. However, there is a difference between this and taking actions that cause a greater than necessary risk of health problems for patience. Negligence is not carrying out the correct duty of care and correct procedures, and that is not acceptable. Therefore, those guilty must be dealt with by the law and prevented from doing the same again.

Compensation for Victims

People who gain compensation in the event of suffering due to negligence are not being rewarded; they are being compensated for something that has negatively impacted their lives. Examples of this include people who have lost loved ones, those who are forced to give up work, those no longer able to walk, and those who have lost their hearing or eyesight. Compensation in some cases is needed so victims can get the healthcare they require or to compensate for a loss of earnings.   

There are bad apples in the medical negligence industry including some who encourage others to sue when there aren’t the right circumstances for legal proceedings. However, the majority of medical negligence solicitors are looking to help those in need; to improve the lives of victims and hold responsible those who have caused patient’s problems through negligence. There is an important distinction between genuine mistakes and negligence. Mistakes are acceptable while negligence is not, making it important to have the legal system to correctly deal with these issues when they occur.  

Andrew Marshall ©