Clinical negligence claims are often in the spotlight, especially when high-profile individuals are involved. The recent reflections of actress Leslie Ash, who received a £5 million payout from the NHS after a life-changing hospital-acquired infection, provide a powerful lens through which to examine the legal and personal realities of clinical negligence.
What Happened to Leslie Ash?
Leslie Ash, known for her roles in “Men Behaving Badly” and “Holby City,” was admitted to hospital with broken ribs. She was given an epidural for pain relief. Unfortunately, the needle was left in place for self-administered pain management. Over the weekend, the needle became dislodged, allowing an aggressive infection (MSSA, similar to MRSA) to enter her spinal column. The consequences were devastating. She suffered partial paralysis, long-term mobility issues, and chronic pain. She has since relied on crutches and painkillers, and continues to experience balance issues.
Why Did Leslie sue the NHS?
Several years after her admission to hospital, Leslie Ash took legal action against the NHS, ultimately securing a £5 million settlement. Her claim was based on the argument that the infection, and its catastrophic consequences, were preventable. She alleged that the NHS failed in its duty of care by not managing the epidural properly and by not preventing the infection.
Leslie’s case also highlights the emotional toll of clinical negligence claims. She faced public scrutiny and backlash for suing the NHS, but as she explained, the financial compensation was necessary to cover her ongoing care and to prevent the loss of her home.
Key Legal Principles in Clinical Negligence
Leslie Ash’s experience underscores several important aspects of clinical negligence law:
- Duty of Care and breach of that duty: Healthcare providers owe a duty of care to their patients. Any breach of this duty that causes harm can give rise to a claim. Proving a breach of duty however is a high burden for a Claimant. To establish liability against a doctor where deviation from normal practice is alleged it must be proved (1) that there is a usual normal practice; (2) that practice has not been adopted; and (3) that the course adopted was such that no doctor acting with ordinary care would have been taken.
- Causation: Claimants must prove that a breach of a duty of care directly caused their injury.
- Damages: Compensation is intended to cover the cost of ongoing care, loss of earnings, and pain and suffering. It is not to be seen as a “windfall,” but as a means to restore, as far as possible, the claimant’s quality of life.
- Denial of responsibility: It is not uncommon for healthcare providers to “close ranks” and dispute liability, as Leslie described. This can make the process adversarial and emotionally taxing. However, you must remember that an allegation of clinical negligence is usually directed against the actions of a healthcare provider and can have serious implications on their professional life.
Practical Advice for Claimants
If you believe you have suffered harm as a result of clinical negligence, here are some practical steps to consider:
1. Seek Immediate Medical Attention
Your health and wellbeing are paramount. If you suspect something has gone wrong with your treatment, seek medical advice straight away.
2. Document Everything
Keep detailed records of your treatment, symptoms, and any conversations with healthcare professionals. This includes appointment letters, prescriptions, and any written correspondence. It may be that a complaint to the healthcare provider is necessary. Complaints and the subsequent responses to those complaints can be very useful to your instructed solicitors when considering a possible claim. Information on your right to complain and who to contact are found at mygov. scot/nhs-complaints
3. Request Your Medical Records
You are entitled to access your medical records. These can provide crucial evidence in establishing what happened and when. If you instruct a solicitor to investigate a possible clinical negligence claim, then they can recover your medical records on your behalf.
4. Act Promptly
There are strict time limits for bringing a clinical negligence claim—usually three years from the date of the incident or from when you first became aware of the harm. Early legal advice is essential.
5. Seek Specialist Legal Advice
Clinical negligence claims are complex. Consult a solicitor who specialises in this area to assess the merits of your case and guide you through the process.
6. Consider the emotional impact
Pursuing a claim can be stressful and emotionally draining. Make sure you have support from family, friends, or professional counsellors.
7. Understand the purpose of Compensation
Compensation is designed to help you manage the consequences of your injury, such as ongoing care, adaptations to your home, or loss of earnings. It is not a punishment for the healthcare provider.
Clinical negligence claims are not about punishing healthcare providers, but about accountability and support for those whose lives have been irreversibly changed by preventable errors. As Leslie Ash said herself, “The NHS is brilliant but they make mistakes.” When those mistakes happen, the law provides a route to justice and compensation.
If you or someone you know has been affected by clinical negligence, don’t hesitate to seek specialist legal advice. Every case is unique, and expert guidance can help ensure that your rights are protected and your needs are met. Please contact Stephanie Watson on 0131 297 5988 or [email protected]. Alternatively, contact the Personal Injury Team on 0800 731 8434 who will be pleased to assist further or click here for further information.
