The Role of Duty of Care in Clinical Negligence: What Does It Mean for NHS Patients?

If you’re an NHS patient and something went wrong during your treatment, you may have heard the term "duty of care." But what does it mean, and how does it relate to clinical negligence? Understanding duty of care is essential for NHS patients, as it forms the foundation of any clinical negligence claim. Here’s what you need to know.

What is Duty of Care?

Duty of care is the legal and ethical obligation healthcare providers have to ensure the safety and well-being of their patients. Every NHS doctor, nurse, and medical professional must meet a specific standard of care when treating you, meaning they must act responsibly and skilfully, following best practices and professional standards.

When duty of care is met, you receive the correct diagnosis, treatment, follow-up care, and information you need to make informed decisions. If the standard of care isn’t met, clinical negligence may have occurred.

How Duty of Care Relates to Clinical Negligence

In a clinical negligence case, proving that duty of care was breached is crucial. To establish negligence, it’s necessary to show that:

1. A Duty of Care Existed: The healthcare provider had an obligation to treat you according to a specific standard.

   
   

2. The Duty of Care Was Breached: The provider’s care did not meet the expected standards, leading to mistakes, oversights, or a lack of information provided to you.

   
   

3. The Breach Caused Harm: The error or omission directly caused you harm, whether it was a worsened condition, new injury, or additional complications.

   
   

4. You Suffered Damages: You must have experienced physical, emotional, or financial damages as a result of the breach in duty of care.

   
   

In simpler terms, clinical negligence occurs when a healthcare provider fails to meet the duty of care, and that failure directly causes harm.

Examples of Breaches in Duty of Care

There are many ways healthcare providers might breach their duty of care. Here are a few scenarios that NHS patients might encounter:

• Delayed Diagnosis: If a delay in diagnosis results from a lack of attention or investigation and this causes your condition to worsen, it may be considered a breach in duty of care.

  
  

• Surgical Errors: Mistakes during surgery, such as operating on the wrong part of the body or leaving instruments inside the patient, are clear examples of failure to meet the expected standard of care.

  
  

• Medication Errors: If you’re prescribed the wrong medication or an incorrect dosage, it can cause harmful side effects or fail to treat your condition, potentially amounting to clinical negligence.

  
  

• Lack of Informed Consent: Healthcare providers are required to explain risks and potential outcomes of any treatment, allowing you to make an informed decision. If these aren’t explained, and you suffer as a result, this can be seen as a breach of duty of care.

  
  

Why Duty of Care is Important for NHS Patients

Knowing about duty of care helps you better understand your rights and what you can expect from NHS healthcare providers. As an NHS patient, you have the right to a standard of care that protects your well-being. When this duty isn’t met, it’s not just unfortunate; it’s potentially clinical negligence.

Understanding duty of care also gives you a framework for recognising when something may have gone wrong in your treatment. If you believe your experience fell below these standards, you have the option to seek further action and protect your rights.

What Should You Do if You Think Duty of Care Was Breached?

If you suspect that your treatment may have involved a breach of duty of care, here are the steps you can take:

1. Request Your Medical Records: Your records will show details of your diagnosis, treatment, and interactions with healthcare providers, which can help clarify what happened.

   
   

2. Seek a Second Opinion: Speaking to another healthcare professional can provide insight into whether your treatment was appropriate and met NHS standards.

   
   

3. Consider Speaking with a Clinical Negligence Solicitor: If you think the duty of care was breached, a solicitor specialising in clinical negligence can assess your case, explain your options, and guide you through the process if you decide to pursue a claim.

   
   

Need Help Understanding Duty of Care and Clinical Negligence?

If you’re unsure whether your treatment met the expected duty of care, or if you have concerns about clinical negligence, we’re here to help. Use the form below to share your scenario and any specific concerns you have. Our team will provide guidance tailored to your case, helping you understand your rights and next steps.

Knowing about duty of care can empower you to take control of your healthcare journey. Contact us today to discuss your clinical negligence questions and let us help you understand your situation and options.