For the past few weeks it seems we have been in a bad dream but when the dust settles we will have time to pause and reflect.
There will be a reflection on the government’s strategy and decisions to deal with this pandemic. There will be many questions on patient safety, NHS staff safety and those in care homes. There will be patients whose important cancer treatment was put on hold due to the lockdown, they may suffer an adverse outcome in that their condition may have deteriorated further and would this amount to medical negligence when health professionals were working under what has been immense pressure and with limited resources?
Staff working in care sectors and the NHS may feel their health and well -being was compromised during the height of the pandemic due to inadequate PPE or lack of support, could these be potential claims against the employers? Many relevant and related issues will arise once everyone has time to reflect however, the important thing is to talk. There are more questions than answers.
For patients they can always use the NHS complaints process to put their concerns to those in charge of their care and give them a chance to respond to the concerns before resorting to litigation – https://www.nhs.uk/using-the-nhs/about-the-nhs/how-to-complain-to-the-nhs/
The reality is we are in unchartered waters we don’t have all the answers but this is a time for all sides to be honest and transparent. Hopefully, we will all learn and the safety of patients and staff in the health care and social care sector will be improved for the better.
For patients in need for support the AvMa, The charity for patient safety and justice offers some helpful guidance, see https://www.avma.org.uk/help-advice/covid-19/. For those wanting an informal chat we would be happy to speak with them. Even if we cannot help we may be able to sign post them.
Our medical negligence teams has lawyers who can assist you with the help of a translator. Our staff speak many languages including English, Polish, Romanian, Russian, Lithuanian, Gujarati.
If you live abroad but the negligence occurred in England and Wales you can consult us and we will be happy to speak with you to see if we can help. If you have a niggling doubt in your mind as to whether what happened to you or to a loved one was due to medical negligence, it is always sensible to get legal advice immediately.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
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