One problem with legal cases here as it stands is that it’s usually the NHS as a whole that is found liable, and a separate department deals with compensation etc.I know this is going off on a slight tangent but I’ve just seen this - a hospital trust charged with corporate manslaughter and a ward manager charged with gross negligent manslaughter for the death of a 22 year old (poor care).
I would like to see criminal charges against individual senior execs at COCH but I’m fearful there won’t be enough evidence.
Because an individual is hardly ever found liable, or ever punished, there’s very little personal responsibility and thus little motivation to maintain high standards. If a doctor ducks up they often won’t even know.
There’s a few other factors too- for example you can’t take action for errors more than 2 years in the past, legal aid for complaints has been removed, and the NHS can and do stalk/surveil claimants to try to discredit their cases, and will charge huge amounts to the victim to cover their legal fees if a case isn’t upheld.
They aren’t above outright fraud either- one dear friend of mine was so badly injured during an epidural that she can no longer stand or sit upright, but all information relating to the incident, and to the failed corrective procedure, was erased from her records. (She only has records as her GP still has copies sent at the time).
She was then given a false psychiatric diagnosis and banned from the hospital.
I think if it was more like the US system, where to my understanding medics usually have to take out individual insurance and are individually liable for mistakes and misdiagnoses, there would be far more accountability here- and less needless deaths.
At the moment even in cases of gross negligence the worst that can happen to them is to be sacked and then they just join another trust.
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