Cases of clinical negligence have become increasingly common in UK hospitals raising concerns for the UK government and the hospital authorities as well. Recent records reflect that “Thirty-nine hospitals at 37 NHS trusts across the country are facing a total of 225 claims over poor patient care”2. Patients that are neglected are pensioners, although children are also included on the list of victims. Significant neglect and blunders have also caused deaths of several patients. Although hospitals are being put under review, the issues and concerns over increasing complaints against patients' neglect are a matter of fact, which needs to be addressed at the earliest3.
When cases are lodged against such clinical negligence in hospitals against the hospital staff and healthcare treatment, not much can be done by the court as they cannot change the way the hospitals would deal with their clinical care and performances. Hence in most cases, the damages are compensated through certain settlements of awards. Legal cases are raised in this regard because clinical negligence reflects on the breach of a legal contract between the hospitals and the patients that need treatments.
In general, it is not easy to prove that the medical team or the medical professionals that are responsible for offering healthcare have the responsibility of the duty of care to the patients. In case of clinical negligence, it is necessary to prove that the doctor or the medical staff have failed to meet the standards of healthcare that are expected and desired4. The legal hurdles faced by any claimant in respect of a claim for clinical negligence may become insurmountable in situations where a patient has been subjected to such neglect at the hands of multiple healthcare professionals. The study will critically analyze the situation and discuss the legal issues and challenges that are associated with such circumstances.
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