How often
to we hear politicians and commentators going on about the so called
Compensation Culture? Those two words have been used to justify the major cuts
that I have gone on and on about in recent posts.
One group
of victims who are particularly targeted are those who are injured as a result
of Medical Negligence. This is my own particular area of practice and I see
case after case where patients’ lives are ruined by medical errors. Most recently
I have mentioned the tragic story of a 34 year old mother of two who has died
following an inexcusable delay in diagnosis of bladder cancer.
It does not
seem to matter that these victims are entirely innocent; they are still made to
feel that they are in the wrong if they seek justice against the NHS. It is as
if they are responsible for the entire funding of the health service and it
might all collapse because they are seeking compensation. The lawyers who
represent them normally find themselves described as ‘ambulance chasers’ or
worse.
But the
real answer to this problem is not to blame victims or lawyers. The real onus
is on the medical profession to do more to eliminate mistakes and to reduce
risk.
In fact the
opposite seems to be the case. According to a report in the Telegraph there
seems to be a systematic failure by hospitals to report failing doctors to the
General Medical Council (GMC) – the body who can decide whether a practitioner
is fit to practice. Of 204 doctors who had received 2 or more complaints against
them, just two had been reported.
This is an
alarming report. We all wish to see a reduction in the number of medical accidents.
There are far too many tragic stories.
The answer
is not to attack the victims, to make it as difficult as possible to claim. The
answer is to completely review risk management policies.
The starting
point has to be a duty on organizations to report to the GMC.
The vast
majority of Medical Practitioners do a fantastic job for their patients under
difficult conditions. Their job is made that much harder when colleagues make
repeated mistakes and are allowed to carry on regardless.
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