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New law to help victims of clinical negligence? |
New regulations being considered by the government could place a legal requirement on hospitals and GPs to inform patients and their families of any clinical negligence issues that occur during treatment.
The Western Mail reports the legislation was included in this week's NHS Future Forum report, which set out how the health service in England should be modernised.
It will require providers to be open and transparent about the circumstances surrounding any mistakes and was described by campaign group Action Against Medical Accidents (AvMA) as "potentially the biggest breakthrough in patients' rights and safety since the creation of the NHS".
Figures from the group claim only 24 per cent of NHS trusts routinely inform patients of incidents that may have put their health at risk, while six per cent admit to never doing so.
The newspaper reported how one of the driving forces behind the law has been the family of Welsh schoolboy Robbie Powell, who died in 1990 aged ten after doctors failed to diagnose him with the treatable glandular condition Addison's disease.
While an inquest ruled clinical negligence was a factor in Robbie's death and the Crown Prosecution Service determined there was sufficient evidence to bring a case against two GPs, no charges were ever filed.
His father Will said that, had there been such a duty of candour in 1990, Robbie's death could have been investigated more thoroughly.
"As the law stands, doctors responsible for the negligent death of a child or an adult patient do not have a legal obligation to be truthful to the parents or the next of kin," Mr Powell explained, adding it should be a "fundamental right" for people to expect honesty from medical professionals.
Chief executive of AvMA Peter Walsh stated the new legislation should be known as "Robbie's Law" in honour of the case that has become the symbol of its campaign for more openness from the NHS.
However, the new rule would not have made a difference to Robbie, the Mail noted, as the Welsh Assembly has its own responsibility for health issues and currently has no plans to follow England's lead and enact a duty of candour in the country.
Rosamund Rhodes-Kemp, who heads the medical injury team at KCJ, added: "If this law is enacted it will significantly reduce legal costs in bringing claims for compensation for injury caused by medical negligence.
"It should not be necessary to investigate and prove negligence which can take a long time and cost thousands of pounds under the present adversarial system."
If you feel you have been a victim of clinical negligence in a hospital or from your GP, please contact the specialist team at KCJ for some expert advice.
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