A recent survey conducted by the Royal College of Nursing (RCN) uncovered the following:
- 83% of those who responded said there were not enough nursing staff to meet all patient needs safely and effectively on their last shift
- Only 25% of shifts had the planned number of registered nurses
- Less than a fifth (18%) responded to say that they had enough time to provide the level of care they’d like
- 62% reported that patient care was compromised during their last shift, compared to 57% in 2020 and 53% in 2017
- 69% said that the nursing skills mix (the number and education experience of nurses working in clinical settings) was not appropriate
In Scotland, the Health and Care (Staffing) (Scotland) Act 2019 sets out the requirements for safe staffing across both health and care services. Currently, it is anticipated that the Act will come into force from April 2024. It is understood that currently, the issues with the level of staffing would be in breach of the legislation which is yet to come into force.
What could this issue mean in the context of a medical negligence claim?
Clearly the findings in the RCN’s recent finding are concerning from the perspective of patients’ care being seriously compromised. With insufficient nursing staff on shift or staff who are underqualified plugging the gap in nursing cover, errors are bound to happen.
Nursing Negligence
Firstly, it must be established that the care provided to you fell below the standard to be expected from an ordinarily competent practitioner acting with ordinary care. Specifically, the criteria to satisfy that test is as follows:
- There is usual and normal practice;
- The medical practitioner did not adopt that practice; and
- The course adopted was one which no medical practitioner of ordinary skill would have taken if he/she had been acting with ordinary care.
This is known as the Hunter v Hanley test. It is worth highlighting that a newly qualified nurse would be expected to deliver safe and effective care in the same way as a more experienced nurse who is performing the same task. In other words, the standard of care to be expected is not generally affected by level of experience.
Secondly, it must be proven that the physical or psychological injury that you sustained was the direct result of the medical practitioner’s action or inaction.
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 substandard nursing care, 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.
