Supervision

A sixty-two-year-old lady, with a previous stroke, was being seen in a gynaecological clinic. She normally walked with a stick but was brought into the clinic in a wheelchair, got out of it at the door of the consultation room and made it to a seat.?

When she was required to be examined, the consultant asked her to get undressed and use a stool to get up onto the examining couch. In order to give her privacy, he left the room and talked to the nurses outside. When the patient attempted to get up onto the examining couch she fell, fracturing her wrist.?

The consultant stated he asked her if she needed help and she had declined. There was no nurse in the room at the time and the consultant was having a conversation with the nurse in the corridor when the lady fell.

The case succeeded because the lady was known to be unstable, to the extent that she required a wheelchair to bring her into the location and she normally used sticks to balance. Leaving the room to allow privacy to get partially undressed was reasonable in the circumstances, but not asking her to climb up onto a couch without any supervision. There was a duty of care both by the consultant and the nurses attached to his clinic to ensure a safe environment for the patient.?

MDU figures for 2016 show that less than one in six actions in medical negligence actually succeed with the vast majority failing on the grounds of causation. It must be remembered that subsequence is not the same as consequence.?

Initial screening is therefore essential to manage client expectations at an early stage. This avoids unnecessary effort and costs for all concerned. Too many cases are taken to Court with no chance of success. This is stressful for both the client and their legal advisor and indeed for the medical personnel involved.

For fast and effective screening of all potential medical negligence cases contact?Peyton Medico Legal Services now on 028 87724177 or email [email protected]