Medical Negligence and Legal Pitfalls

In this case, the plaintiff was admitted to an Area Hospital for hysterectomy.? There were a number of post-operative difficulties including some evidence of back pressure on her kidneys.? She therefore had stents inserted in both ureters (the tubes leading from the kidneys to the bladder).??

A relative wrote on her behalf to the hospital involved with the subject line stating “complaint to XX hospital on numerous grounds, however we can start with medical negligence!”.

On the basis of the letter which asked for financial compensation “to avoid litigation”, the hospital via their legal team refused to provide any further information.

There is a general lesson here that one must be careful with the first contact to a health care provide.? Under normal circumstances this should be asking for an explanation or making a factually based complaint and request a response.? It is not advisable to write a direct attack against the hospital as the provider will not normally respond directly and the plaintiff has lost the opportunity to get a detailed account of what happened and the health care provider’s opinion as to the standard of care, for instance via a written response from the Chief Executive, or a report from a Serious Incident Inquiry.? The content of these replies give a clear indication as to whether there was a breach in the duty of care which can either stop a medico-legal process or add weight to it.