Clinical Negligence: The Breakdown of the NHS
Written by Rebecca Brisley | Medical Negligence Team | 19 March 2024
“The detriments that people experience are significant and should not be happening.” These are the chastening words of Rob Behrens, the NHS Ombudsman for England.
Complaints against the NHS have already risen by 15–20% since the Covid-19 pandemic, and generally poor communication lies at the heart of NHS complaints. A lack of communication is a running theme, with the Ombudsman even as far back as 2004 commenting that, “If only all health service staff made sure that they listened to patients and their carers, communicated clearly with them and with each other, then made a note of what had been said, the scope for later misunderstanding and dispute would be reduced enormously.”
As a department specialising in medical negligence claims we often find that we receive enquiries from patients who have suffered from a known complication of the treatment that they have consented to undergo, but yet they seem unaware of the risks that this particular course of action involves.
Sadly, it can often be the case that in seeking to cure one issue, a patient can end up having to battle new problems. Of course, suffering from a known, non-negligent complication cannot be the subject of a successful claim against the NHS, but the very fact that we find ourselves having to explain this to patients really demonstrates that patients just aren’t being given the information that they need or deserve.
Delays in diagnosis and treatment is another cause of NHS complaints, and Professor Pat Price, a leading NHS oncologist, recently confirmed that “Today’s NHS data shows that more than a third of cancer patients face potentially deadly delays. In December, 7661 cancer patients waited more than the recommended 62 days to start their cancer treatment, with 2,227 waiting three months or more. These delays are baked in with no signs of improving over the last few years.”
If you are referred for an urgent cancer check, cancer should be confirmed or ruled out within 28 days of the referral.
Other, non-urgent referrals should have a maximum waiting time of 18 weeks from the day your appointment is booked through the NHS e-Referral Service, or when the hospital receives your referral letter. There are times when it is appropriate for this 18 week waiting time to be disapplied, for example if the delay in treatment is in your best clinical interests, such as to allow time to stop smoking or lose weight. Should this be the case, this should be fully communicated to you, and you are entitled to delay the start of any treatment yourself, should that be appropriate to your individual needs.
It is also worth remembering that you have the legal right to ask to be seen or treated by a different provider if you’re likely to wait longer than the maximum waiting time specified for your treatment.
Unfortunately lots of cancer, and other, treatments were delayed by the onset of the Covid-19 pandemic and services have clearly failed to catch up. We are currently assisting several clients who have suffered as a result of a delay in diagnosis and /or treatment.
If you would like to enquire about the possibility of a claim for medical negligence as a result of delays in diagnosis or treatment, please contact a member of the team on 01752 827027 or medneg@nash.co.uk
