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The Controversial History of Medical Negligence Cases UK

Sunday, November 22, 2020

 


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.

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