Between 2021 and 2022, there were more than 15,000 medical negligence claims against the NHS which shows how common medical negligence can be. However, a lot has changed over time for medical negligence cases over the last century, so understanding the full history of medical negligence is a good idea.
So, if you want to learn more about medical negligence and its full backstory then this is the article for you. Read on to find out more.
What is medical negligence?
Before delving into its history, knowing what medical negligence is and its many forms is very important. Medical negligence refers to any injuries caused by a medical practitioner when they had a duty of care to protect you. If this happens then you may be able to make a claim and get compensation for the negligence.
There are many forms of medical negligence including:
- Misdiagnosis
- Surgical errors
- Anaesthetic mistakes
- Prescription errors
- Negligent medical advice
- Pregnancy and birth injuries
- Dental errors
The Establishment of Duty of Care
Duty of care is a term used in medical negligence cases as its one of the main factors in winning a case. Medical professionals have a duty of care to provide adequate treatment for you and if this is breached then a claim could be brought forward.
This was established in the early 20th century as medical negligence claims before this was done through contract law. This brought about many issues when medical negligence occurred and so the change to the duty of care breaches was a welcome sight for all.
The Bolam test
The Bolam Test was first implemented following the 1957 case of Bolam vs Friern Hospital Management Committee. The case was related to an incident at the hospital whereby the patient, Mr Bolam, received Electro Convulsive Therapy (ECT) which caused him serious fractures. He argued that the doctors should’ve done more to protect him from this damage but the hospital was cleared of all negligence claims.
This led to the birth of the Bolam test which is where a medical professional’s methods are judged by peers to see if there were any errors during treatment. If the peers would’ve done everything the same way then the medical best practice has taken place and no negligence is present.
This test still exists today and is a key form of evidence in medical negligence cases. Without these two key changes to medical malpractice claims, it would be even more difficult to prove errors.