Author: Reyyan Mansoor, Middlesex University, Dubai
Abstract
Medical Negligence law is a field of law that focuses on holding healthcare providers accountable when they fail to meet the proper standard of care for their patients, resulting in patient injury or harm, and in worse cases, death. While medical negligence is a matter of international concern, this essay primarily focuses on the legal consequences of medical negligence in the United Kingdom (UK). The four pillars of medical negligence are addressed with the relevant information and case law to best explain their relevance when considering a case to fall under medical negligence. Furthermore, this article examines the different tests used to measure medical negligence as well as relevant case law that has been used to establish different principles which have made an effect on the legal understanding of medical law and the medical system in the UK as a whole.
To The Point
Medical Negligence occurs in those situations where a healthcare provider fails to provide the patient with the necessary standard of care, leading to injury or harm. A claim for medical negligence needs to first satisfy the ‘Bolam’ Test wherein the court examines whether the medical professional should or should not be held liable for negligence if their standard of care is seen as proper by a competent and responsible body of medical professionals skilled in that field.
To make a claim for medical negligence, the 4 pillars must be satisfied including the duty of care is the obligation of the medical professional to provide medical care, breach of duty is the failure in the standard of medical care to be given to the patient, causation is the direct link between the failure in the standard of care to the patient and the patient’s injury or injuries and finally, damages is the actual proof of the injuries and the harm caused or the loss suffered to the patient as a result of the actions of the healthcare provider
Use of Legal Jargon
Medical negligence claims are usually measured using the ‘Bolam’ Test established after Bolam v Friern Hospital Management Committee [1957] where voluntary patient, Mr. Bolam was claimed damages over the fractures suffered as a result of the Electro-Convulsive Therapy administered upon him as treatment for his mental condition. The court ruled in favor of the hospital stating that a doctor can not be held liable for negligence if the method of treatment used is seen as accepted and proper by a body of competent medical professionals.
Similarly, the ‘Bolitho’ Test established in Bolitho v City and Hackney Health Authority [1998] states that while an accepted body of competent medical professionals see a particular method of treatment as proper, the court must find that the practice must have sound logical basis. If the court does not find a acceptable reason, the court may find the actions of the healthcare provider or hospital as negligible and liable for damages.
The Proof
The above mentioned tests are used when medical negligence claims come to court. The burden of proof falls on the plaintiff or claimant. They need to be able to prove that the medical professional failed to administer the standard of care they were obligated to resulting in the direct injuries or loss suffered to the patient. Here, loss can take the form of financial loss, loss of mobility, mental stress to the worse case scenario, death of the patient.
Moreover, considering the fragile nature of such claims, the court examines the evidence from both the claimant and the defendants before making a decision. Here is where the 4 pillars of medical negligence comes into play wherein the court must find that all pillars were satisfied before holding the medical professional or hospital liable for negligence and damages.
Case Law
Relevant case law include:
1. Bolam v Friern Hospital Management Committee [1957]
This landmark judgement established the ‘Bolam’ Test which stated that a doctor or Healthcare professional is not to be held liable for negligence if the action(s) of the professional are seen as accepted and proper by a competent board of medical professionals, even if the opionoins of other professionals hold different views.
2. Bolitho v City and Hackney Health Authority [1998]
The House of Lords established the ‘Bolitho’ Test by making a clarification on the ‘Bolam’ Test wherein the Court can find the healthcare professional liable for negligence if it is found that their reasoning is illogical or unacceptable.
3. Montgomery v Lanarkshire Health Board [2015]
This landmark judgement reconceptulaized informed consent. Moving away from the ‘Bolam’ Test where a professional could not be found liable if they did not inform the patient of the risks of treamtment, Montgomery established what a patient in a reasonable state would want to know about their treatment. It moves away from what a doctor would want to disclose to what the patient would want to know.
Conclusion
This essay explored the concept of medical negligence in the UK Healthcare system with establishing first the four pillars of medical negligence which would need to be legally satisfied in order to make a claim – duty of care, breach of duty, causation and damages. Further, it looked at three major cases which shaped part of the National Health System (NHS) of the UK. The Bolam Test establishing liability, the Bolitho Test making clarifications on the importance of logical reasoning behind treatment and the Montgomery case putting emphasis on what the patient would want to know above what the doctor choosing to tell them.
FAQ’s
1. What is medical negligence?
Medical negligence happens where a Healthcare provider fails to provide the patient with the necessary standard of care resulting in injury or harm of the patient.
2. What are the pillars of medical negligence?
There are four pillars of medical negligence including
1. Duty of Care – The legal obligation for a medical professional to provide care to the patient.
2. Breach of Duty – The failure of standard of care to be given to the patient.
3. Causation – The direct link showing that the failure of care resulted in the patients injuries.
4. Damages – The proof of injuries Or the harm suffered by the patient owing to the actions of the healthcare provider.
3. What are the different tests used to measure a claim for medical negligence?
The Bolam Test and the Bolitho Test are two tests used to measure a claim for medical neglignece. The Bolitho test is a clarification of the Bolam test.
