To what extent do you think that the recent pandemic has caused or contributed to a rise in clinical negligence cases?

by Kidd Rapinet on June 16, 2023
Older man being helped to his feet following injury

The recent pandemic has undeniably had an impact on the healthcare system and could potentially contribute to a rise in clinical negligence cases. However, it is essential to approach this topic with caution, as it requires careful analysis of various factors and data to make accurate assessments. Here are some points to consider:

  1. Increased pressure on healthcare systems: The pandemic has placed unprecedented strain on healthcare systems worldwide. Overwhelmed hospitals, shortages of staff, and limited resources can potentially increase the likelihood of medical errors and adverse outcomes. The combination of high patient volumes and healthcare providers working under immense stress may lead to an increase in clinical negligence claims.
  2. Changes in healthcare delivery: To accommodate the surge in COVID-19 cases, healthcare providers had to adapt quickly, such as repurposing facilities, reallocating resources, and modifying treatment protocols. These changes, although necessary, may have introduced unfamiliar circumstances and potential for errors. Additionally, the shift towards telehealth consultations during the pandemic could have its own unique challenges and potential for misdiagnosis or inadequate care.
  3. Delayed or disrupted healthcare services: Many non-urgent medical procedures and appointments were postponed or cancelled during the pandemic to prioritize resources for COVID-19 patients. Delays in diagnosis or treatment could potentially result in adverse health outcomes and, in some cases, lead to claims of clinical negligence.
  4. Increased awareness and public scrutiny: The pandemic has significantly heightened public awareness of healthcare-related issues and the potential for medical errors. The extensive media coverage and public discussions around COVID-19 treatment, vaccinations, and safety protocols may have contributed to a greater willingness to question and challenge medical decisions, leading to an increase in clinical negligence claims.

It is important to note that while these factors suggest a potential increase in clinical negligence cases, it would require thorough analysis of data and legal trends to draw definitive conclusions. Additionally, the pandemic’s impact on the legal system, court backlogs, and the availability of legal representation should also be considered.

Ultimately, a rise in clinical negligence cases would need to be assessed on a case-by-case basis, taking into account the specific circumstances, evidence, and applicable legal standards.

This article has been brought to you by Vashti Prescott, a personal injury lawyer at Kidd Rapinet Solicitors Canary Wharf, who is registered as a Senior Litigator with the Association of Personal Injury Lawyers (APIL), Pan European Organisation for Personal Injury Lawyers (PEOPIL) and an Accredited member of the Law Society Personal Injury Lawyers.  You can reach Vashti using the form provided or call 0207 265 5486.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

We’re here to support
your next step

Whatever that may be

Request a video call, phone call
or an in-person meeting

    Go Back