Medical negligence accidents can, if severe enough, lead to significant consequences, including, on occasions, the patient’s death.
This article explores the main causes of medical negligence which may lead to death, the legal implications and what measures can be put in place to minimise the risk of accidents.
Whilst it’s not possible to obtain statistics on patient deaths in the UK from medical accidents as they are not reported separately by the NHS, it is possible to review the statistics of medical accident deaths in the USA and thereby reach an informed conclusion of the likely number of deaths arising from medical accidents in the UK.
Medical Accidents are one of the top killers in the USA with only heart disease and cancer taking more lives in any one year. The way medical accident deaths are reported means that these deaths get less attention than, for example, chronic respiratory disease even though the latter accounts for over 100,000 fewer deaths annually.
The figures in the USA for deaths caused by medical negligence reveal an alarming picture:
- 251,000 fatalities annually.
- Medical errors account for 9.5% of all deaths in the U.S. each year, making medical malpractice a leading cause of death.
- The third most common cause of death in the United States.
If these figures for deaths in the USA are used as a benchmark to calculate the possible number of deaths in the UK then such deaths could be as high as 25,000 fatalities per year.
Common causes of medical negligence
The most common causes of medical accidents in the UK include:
- Failure to correctly diagnose a condition. This can lead to inappropriate treatment or lack of necessary intervention, potentially resulting in fatal outcomes.
- Mistakes during surgery, such as operating on the wrong location or leaving surgical instruments inside the patient.
- Prescribing incorrect medication or dosages can lead to adverse reactions or ineffective treatment.
- Failure to monitor a patient's condition post-treatment can result in complications going unnoticed for significant periods.
- Miscommunication among medical professionals and patients can lead to errors in treatment plans.
Legal implications
The legal implications of medical accident deaths are significant. The families may pursue Loss of Society and/or Loss of Support claims to compensate them for the loss of their loved ones. To be successful the pursuers will need to consider the following:
- The Pursuer must prove that the medical professionals owed a duty of care, breached that duty, and caused the death as a result of the breach.
- Legal claims must be made within three years of the date of the death or later if it can be proved that the family were unaware the death was as a result of a medical accident.
- Compensation will cover the loss of companionship, funeral expenses, medical bills and loss of support.
Recent trends and statistics
Recent trends indicate an increased awareness and reporting of medical negligence deaths. Statistics generally show a rise in legal claims, reflecting both an increase in incidents and greater patient knowledge. That said, significant advancements in medical technology, improved safety protocols and improved medical training have contributed to a gradual decline in certain types of errors.
Deaths caused by medical negligence remain a critical concern within the healthcare system. Understanding the common causes, legal implications, and preventive measures is essential for reducing these tragic incidents.
While the impact on families is devastating, legal recourse provides a means for seeking justice and compensation. Continued efforts in education, communication, and technology are vital in preventing future occurrences and ensuring patient safety.
Contact Our Medical Negligence Solicitors
Losing a loved one due to medical negligence is devastating. If you believe their death was the result of avoidable mistakes, our compassionate legal team is here to support you.
We’ll help you understand your rights, explore your legal options, and pursue the justice and compensation your family deserves.
To discuss your specific circumstances with a member of our understanding team, call us on 0800 988 8082 or complete our online enquiry form and we will get back to you right away.
