Are you curious about medical
negligence cases UK? In the years 2018-2019, there were nearly 10,700 medical negligence
cases against
the National Health Service.
But what is the basis of medical
negligence law in the UK? We've got the history you need to know about today.
The
Beginnings of Medical Negligence Law in the United Kingdom
Medical negligence in the United
Kingdom used to be managed by contract law. That changed in 1932 with the case
Donoghue v Stevenson. A woman named Mrs. Donoghue had contracted
gastroenteritis. She claimed it was from a snail found in her ginger beer. She
then sued the manufacturer.
This case formed the basis of
negligence law in the united kingdom. This case established the neighbor
principle: This principle is the idea that individuals must try their best to
prevent harm from coming to others through their words of actions.
Bolam v Friern Hospital Management
Committee was one of the first cases that specifically addressed how negligence
law applies to the medical field.
A man agreed to medical treatment
for depression without being warned what the full risks of the treatment
actually were, and then broke his pelvis during the treatment. He sued the
hospital for not telling him all of the risks and for not taking adequate
precautions to protect his safety.
The judge and jury found that
medical doctors should have a higher standard of responsibility than the
average person under the neighbor principle, but still found the hospital not
guilty of negligence in this case.
In 1985, the case Sidaway v. Board
of Governors of the Bethlem Royal Hospital found that doctors did not have to
disclose rare side effects. In this case, the patient sued after her surgeon
failed to inform her that her surgery had a very rare chance of causing
paralysis, which then happened to the patient.
Medical
Negligence in the United Kingdom Today
in 2015, Bolam v Friern Hospital
Management Committee was revised by Montgomery v Lanarkshire Health Board. In
this case, doctors failed to inform a pregnant woman about the seriousness of
her unborn child's health condition.
This case reinforced the precedent
that doctors are required to inform their patients about any risks involved in
their treatment.
Today, you have lots of options when
it comes to medical negligence in the United Kingdom. For example, if you
suffer from pressure sores when they develop, there are options out there for you.
If you feel you might have a medical
negligence case on your hands, make sure you talk to a lawyer to find out what
your options are.
Medical
Negligence Cases UK: Know Your History
Clearly, there is a long and
interesting history of medical negligence cases UK. That's true of every
country, so if you're interested in learning more about medical negligence law
make sure you look into all of the different types of medical negligence laws!
Are you interested in reading more
about law, medicine, and other related topics? Make sure you check out some of
the other articles on this website today.
