It was recently reported that, in England, nearly 100,000 more deaths involving heart conditions and stroke than usual have occurred since the start of the Covid-19 pandemic. One of the contributing factors is believed to be the disruption to the NHS.
The pandemic placed immense strain on the NHS from several perspectives including a surge in patients, resource constraints, and the evolving nature of coronavirus which resulted in ever-changing protocols and guidelines.
It is understood that the NHS has set aside £1.3 billion for Covid related claims. £470 million has been allocated for claims relating to the treatment of Covid. A further £610 million has been set aside for claims relating to misdiagnoses and delays to treatment due to the pandemic. The remaining £220 million has been allocated for claims relating to Covid vaccines, employer’s liability and care homes. Could this be seen as an indication that claims resulting from the Covid pandemic are likely to succeed?
This article considers the types of claims that may arise as a result of the Covid pandemic.
Misdiagnosis or delayed diagnosis
This could include failure to diagnose Covid or other medical conditions which lead to worsened outcomes.
Inadequate treatment or care
This could include situations where patients did not receive proper medical treatment for Covid, resulting in avoidable complications or death.
Vaccine-related claims
There are reports of severe adverse reactions or death due to a vaccine. It may be possible to pursue a claim if it can be proven that safety protocols were not followed. It will also need to be proven that the reaction or death resulted from the vaccine administered.
Failure to follow infection control protocols
If it can be shown that a hospital or healthcare facility did not follow protocols and that this led to outbreaks among patients or staff, this could result in a claim being pursued.
Delayed or cancelled medical procedures or treatment
If such delays resulted in worsened outcomes, then it may be possible to pursue a claim.
Remote consultation errors
The use of telephone or “telemedicine” increased significantly during the pandemic. Errors in diagnosis, failure to treat or delay in treatment, or prescription error could result in medical negligence claims.
Mental health claims
This could include situations where patients with mental health did not receive appropriate care, treatment or support resulting in worsening conditions or suicide.
It is worth noting that medical negligence claims are far from straightforward.
There are several hurdles to overcome in order to succeed. Each case will turn on its own facts and circumstances and will require thorough investigation based upon the available evidence. In order to succeed with a claim, it must be proven that (i) a medical practitioner breached the ordinary standard of care (known as liability); and that (ii) as a result of this breach, this caused or materially contributed to the worsened outcome (known as causation).
The time limit in Scotland to raise a claim for medical negligence is three years from the date of the negligence or from the date on which you became aware that the treatment you received was negligent.
How can we help?
If you think you may have a medical negligence claim as a result of the Covid pandemic, you may be entitled to claim compensation.
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.
