Most of us need medical treatment at some point in our lives, and when we do, we place our trust in the medical professionals charged with our care to do their job right. Most of the time, that trust is well placed. Occasionally, though, things go wrong. Very occasionally, things go very wrong. Gross medical negligence cases involve catastrophic mistakes leading to a patient suffering severe harm or even death.
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What Is Gross Medical Negligence?
Medical negligence occurs when a medical professional provides a standard of care that falls below the standard expected of a reasonably competent professional doing the same job as them. Gross medical negligence goes a step further. It is not simply a mistake or an oversight – it is a reckless disregard for the patient’s safety. In some cases, gross medical negligence can lead to a criminal prosecution for manslaughter.
What Are Some Examples Of Gross Medical Negligence?
Some real-life examples can give a feel for the types of actions that can give rise to gross medical negligence cases. They include the following:
- A patient died during what should have been a routine bone marrow biopsy because the doctor used the wrong biopsy needle. The doctor attempted a rare and highly dangerous sternal biopsy despite objections from the patient and her husband. He missed the bone, pierced the sac around the patient’s heart, and caused massive internal bleeding.
- A six-year-old died following massive failings in his care. The case involved failures to properly interpret blood tests, recognise sepsis, or escalate concerns. The court found that his death was caused by serious neglect which fell so far below the standards of care expected that it amounted to gross negligence manslaughter.
- A 31-year-old man died from staphylococcal toxic shock syndrome after two doctors failed to diagnose and treat the infection following a routine knee operation. The doctors were convicted of gross negligence manslaughter.
Can You Claim Compensation For Gross Medical Negligence?
Yes, you can claim compensation for gross medical negligence in the same way as you would for standard medical negligence. You can pursue your compensation claim alongside the criminal prosecution.
Criminal and civil cases operate under different rules and have different purposes. A compensation claim is about recovering compensation for the harm you have suffered. A criminal case is about punishing conduct that is so negligent that it is treated as a crime, potentially leading to custodial sentences, fines, and other penalties.
In practice, medical negligence compensation claims are made against the NHS Trust or other relevant body by the patient themselves or their family, while the criminal case is brought by the Crown Prosecution Service against the individual practitioner.
It is possible for a criminal case to result in no conviction, while a medical negligence claim based on the same facts succeeds. That is because the civil standard of proof is lower than the criminal one. In a civil claim, you need only prove that the medical professional’s conduct was more likely than not to have been negligent. In criminal cases, it must be ‘beyond reasonable doubt’ that the medical practitioner’s conduct amounted to gross negligence.
Some patients or their families engage with both medical negligence claims and criminal prosecutions for gross medical negligence. A criminal case focuses on accountability and punishment. They are incredibly rare, but when they do occur, they can lead to significant change. Investigations and inquests can expose systematic failings in the NHS, such as staffing shortages, inadequate supervision, or poor communication. When these failings are put under the spotlight, those responsible can be forced to address them, leading to improved patient safety for everyone.
Medical negligence claims, on the other hand, focus on helping with the practical financial consequences of the negligence. Those consequences might include the following:
• Past Loss Of Earnings
You can claim for the income you have already lost because you had to take time off work for treatment, recovery, or rehabilitation.
• Future Loss Of Earnings And Reduced Earning Capacity
If your injuries mean that you are unlikely to return to work for some time or at all, you can claim for your future loss of earnings.
• Medical And Rehabilitation Costs
You can include a claim for private treatment, surgery, physiotherapy, occupational therapy, counselling, prescription charges, and any other therapy you need.
• Care And Assistance
If you need professional carers because of your injuries, you can claim the cost of that care in your medical negligence claim. You can also claim the value of any care provided by friends and family.
If you have experienced substandard medical care and need advice on your legal position, the specialist medical negligence solicitors at Simper Law are on hand to help.
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