Suing the NHS for clinical negligence: reports analysis

The NHS has risen admirably to the challenges brought about by the COVID-19 pandemic. Healthcare staff and other essential workers have worked heroically in very difficult and trying circumstances. As the dust begins to settle on the pandemic a picture is starting to emerge of trends in possible clinical negligence litigation against the NHS for actions taken during the crisis.

There has been a call from Peter Walsh, Chief Executive of Action against Medical Accidents (AvMA), and others for urgent action to be taken to prevent avoidable harm and deaths among non-COVID-19 patients. Mr Walsh (2020) states that, although the emergency action of the NHS in suspending some services at the start of the pandemic and concentrating on COVID-19 patients was understandable:

‘… AvMA is increasingly concerned about the consequences for patients with other conditions which need urgent treatment or diagnostic procedures. We have already been receiving enquiries from patients or their families where the unavailability of such services appears to have resulted in avoidable harm or even death. Solicitors around the country tell us that they have also.’