The NHS: Not beyond reproach

By Grizelda Moritz


In today's 'blame' society, little is thought of bringing about legal action to get cash compensation for the slightest misfortune. Although finding yourself a victim of medical malpractice is undoubtedly both painful and stressful, the altruistic motivations behind the National Health Service is founded on, presents many sufferers with a complex moral dilemma - is it ever right to sue the NHS?

The NHS is not only a British institution but is internationally esteemed as one of the best services to be offered anywhere in the world. Free healthcare is a unique privilege that provides support and assistance for absolutely anyone free of charge. The threat of legal action, puts extra stress onto the shoulders of already overstressed staff, struggling with a lack of resources and support from their management. Whilst inevitably there are instances when the NHS fails to carry out its duty of care adequately, to sue a system that provides such a wonderful service seems at best unappreciative and at worst an insult to people around the world who have no access to healthcare whatsoever.

The mental and physical impact of a catastrophic medical error should not be overlooked. Although all victims often want to hear is an apology, the reluctance of the NHS to admit culpability anywhere outside of a courtroom enforces the need to sue. Despite the fact that the National Health Service is a public organization funded for by the taxpayer, it does not excuse them from achieving the same rigorous standards demanded within the private sector. Nor does it give the NHS the right to act without fear of consequences. Whilst the suffering of any loved one is hard to bear, the idea that many babies and children will have their entire lives shaped by medical misconduct is heartbreaking. In terms of encouraging the organizations that have these lives in their hands to improve the level of care they provide, the threat of legal action is unsurpassed in procuring change.

As claiming legal aid for medical negligence cases is to be stopped altogether by 2015 and steps are already being taken to limit the incentives for lawyers to take on no-win no-fee cases, the situation for those affected by medical malpractice in the future is set to change drastically. With the quest to prove beyond a doubt that negligence has occurred often requiring the involvement of expensive medical specialists that in turn typically invite spiralling expenses, the fact is that it's simply becoming too costly to sue the NHS.

Dependent on the severity of the inconvenience and emotional stress you have suffered you may well have just cause to sue the NHS; but before going ahead with any legalities, make sure you are fully informed of the costs and overheads such actions will invite and have good financial support in place.




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